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(영문) 대전지방법원 서산지원 2020.06.10 2019고정350
산지관리법위반
Text

Defendant shall be punished by a fine of three 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 Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, etc. from March 2019 to April 1, 2019, converted the use of mountainous districts without obtaining permission, by cutting away earth and sand to cut and flating it in a part of 179m2, C forest, and 10,235m2 in order to engage in agricultural activities, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation reports (E hearing statements);

1. On-site photographs;

1. Full certificate of the registered matters, cadastral map, and certified copy of the register (the defendant alleged that he did not convert a mountainous district, such as cutting the ground, in the forest B forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, but the defendant's conversion of a mountainous district in the above forest is recognized in light of D's statement witness of the situation, Eul's statement in the investigation agency where the construction was actually conducted, on-site photographs, and on-site photographs. The defendant asserted that the defendant was a construction work after hearing the answer of the public official in charge who is not required by the competent authority, but there is no evidence to acknowledge that the defendant asked the public official about whether to grant permission for the permission for the storage of earth

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

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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