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(영문) 청주지방법원 충주지원 2017.10.18 2016고정221
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, on the ground that he laid off a distilled and a plastic funeral funeral which was gathered in Chungcheongju and laid down in a single place, caused forest damage equivalent to KRW 43,37,00,00, which is calculated by applying the amount of 564 square meters of forest land to the area damaged by illegally converting the area of mountainous district into the area of 564 square meters, by illegally converting the area of 564 square meters of forest land into the area of 564 square meters on March 2016 without permission of the number of voice-gun and the number of voice-gun, and by converting it into the area of 10,000 square meters in a mountainous district with a gradient of less than 10,00 square meters per 2,44,00,000.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A survey report on actual conditions;

1. A certified copy of the land ledger and cadastral map;

1. Application of statutes on site photographs;

1. Article 53 subparag. 1 and Article 14 subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) on criminal facts and the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016)

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that: (a) had been transferred the right to cultivate a parcel, other than the voice C, and one parcel, from the former farmer, around 1975; (b) had planted crops, such as a shoulder and sculp, so far; (c) there was no trees on the said land at the time of the instant case; (d) the Defendant removed the tree roots of Acarsi at the time of the instant case, and created a cemetery. As such, the Defendant did not divert the mountainous district.

2. Determination

A. According to each of the above evidence, it is evident that the Defendant: (a) caused an engineer of 02 Mamar to construct a tomb, etc., and performed the work of building and arranging the floor of a tomb, etc. on the part of 564 square meters out of the 02 Mamar-gun, Chungcheongnam-gun, and one parcel of land (hereinafter referred to as “the land in this case”; and (b) whether the Defendant’s work for building a graveyard is mountainous district under the Mountainous Districts Management Act.

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