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(영문) 전주지방법원군산지원 2020.09.09 2020고정102
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and no person shall convert a mountainous district without permission therefor, or convert a mountainous district upon obtaining permission therefor by fraudulent

Nevertheless, on May 2019, the Defendant cut and filled up soil on the part of mountainous districts 2,277 square meters located in Dasan-si B, C, D, and E at the end of the end of the period of mountainous district and converted the use of mountainous districts by means of cutting and raising earth, removing part of Bad trees, and arranging the ground.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The report on the offender's domicile, the actual investigation report, the investigation report, and the second investigation report;

1. Application of the forestry map, forest land register, land use plan confirmation certificate, and land copy register law;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the area of the mountainous district for which an illegal act for sentencing under Article 334(1) of the Criminal Procedure Act was committed is reasonable, the Defendant did not have any previous and previous offenses and did not have any previous records exceeding the fine. The Defendant obtained permission to convert the mountainous district with respect to 3,497 square meters out of 8,213 square meters of forests and fields E, 3,497 square meters of C, 2,678 square meters of forests and fields, and 1,435 square meters of C, 2,678 square meters of forests and fields after the instant indictment,

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