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(영문) 대구지방법원 2016.11.23 2016고정2152
산지관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, from October 2015 to April 2016, the Defendant changed the form and quality of the mountainous district by embling stone with equipment, such as flags, etc., in order to cultivate shot mushrooms on the said land without obtaining permission from the head of Cheongdo Gun, from around 2015 to around 2016 (B 1,511 square meters, C238 square meters, D 79 square meters, E 147 square meters).

Accordingly, the defendant diverted mountainous districts without obtaining permission from the head of Cheongdo Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the provisions of Acts and subordinate statutes of Part IV to the actual condition survey report, location map, forest damaged area map, photographic site map, forest damaged area report, details of the calculation of forest damage amount, two copies of the cadastral map and forestry map, land cadastre and forest land cadastre;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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