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(영문) 청주지방법원 2012.10.09 2012고정611
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Those who intend to divert forests shall obtain permission for conversion from the competent authorities.

Nevertheless, the Defendant, without obtaining permission from the competent military office, performed banking and rearrangement work using one equipment unit from among Pocles for the purpose of maintaining natural drainage channels in the forest and fields from March 18, 2012 to April 18, 2012, and installed a 1,727 square meters for illegal diversion of the use of 1,727 square meters, thereby causing forest damage equivalent to approximately KRW 6,211,00 for expenses for restoration of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of land cadastre or cadastral map;

1. Cadastral map and previous map;

1. On-site photographs;

1. Details of calculating the amount of forest damage;

1. Application of the fact-finding inquiry reply statute

1. Subparagraph 1 of Article 53 and Article 14 (1) of the Act on the Management of Accounting of Specific Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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