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(영문) 청주지방법원 영동지원 2021.03.25 2020고정48
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on November 2019, the Defendant, without obtaining permission from the head of the forest office, etc. to convert mountainous districts, used excavation devices in the Chungcheong-gun B forest, Chungcheong-gun, Chungcheongnam-do, which is a preserved mountainous district, to divert the mountainous districts of 498 square meters in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of current status photographs, investigation reports, report on investigation results, data on the area of land before illegal mountainous districts, data on air image of land before illegal mountainous districts, and the application of statutes on field photographs;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is deemed to have been committed by the defendant without permission, and the crime of this case is deemed to have been committed in the form of mountainous district.

The mountainous district damaged by the defendant had no right to occupy the defendant due to the maintenance of the military owned by the Dong-gun.

However, the defendant shows his attitude to recognize and reflect the crime of this case.

Defendant has no record of punishment.

In addition, in full view of all the circumstances, including the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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