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(영문) 대전지방법원 천안지원 2017.10.27 2017고정546
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district to create forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, or other similar mountain paths shall report to the head of the forest in relation to the mountainous district of national forests, and to the head of the Si/Gun/Gu in relation to the mountainous district of a forest which is not a national forest.

On July 26, 2016, the Defendant purchased the land of the Nam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on July 26, 2016, and arranged the land to excavate the surface of the existing access road and the surface of 710 square meters on the said land without reporting the temporary use of the mountainous district in the Seocho-gu Special Metropolitan City on August 2016, to ensure that forest damage equivalent to KRW 3,215,00 is caused.

Since the facts charged are somewhat unclear, it shall be revised and recognized as above to the extent that it does not interfere with the defendant's exercise of right to defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of illegal forest damage areas, a survey report, a location map, a field photograph of the case, and a report on calculating the amount of damage;

1. Article 55 Subparag. 2 of the relevant Act and Article 15-2 Subparag. 7 of the former Mountainous Districts Management Act (Amended by Act No. 13729, Jan. 6, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

It seems that the crime of this case was committed by failing to know accurately the relevant laws and regulations, rather than intended ones.

Currently, the current economic situation is not sufficient, and health is not good.

No criminal punishment exceeding a fine shall be imposed.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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