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광주지방법원 2015.09.17 2015고단2203

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 obtain permission from the Administrator of the Korea Forest Service.

Nevertheless, around May 3, 2015, the Defendant arbitrarily installed one cemetery in the area of 6 square meters, Jeonnam-gun C with no permission from the Administrator of the Korea Forest Service, etc., and converted a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes for submitting photographs of damaged areas;

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 concerning criminal facts and the selection of punishment;

1. The following facts are considered: (a) the size of a cemetery with the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act is only six square meters; (b) the act of cutting trees was not committed; (c) the contract amount of 4,446,000 won (26,00 won for recovery of mountainous district; and (d),420,000 won for graveyard transfer and enshrinement transfer; and (c) the performance guarantee insurance policy issued to the competent authority for recovery of illegal diversion of mountainous district; and (d) the submission of it to the competent authority; and (e) the fact that there was no particular criminal history except for two-time penalties due to drunk driving