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(영문) 대구지방법원 서부지원 2014.01.17 2013고정1287
산지관리법위반
Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall convert the mountainous district for a specified purpose after obtaining permission from competent authorities.

Around June 6, 2013, the Defendant, without obtaining permission from the competent authority, diverted a mountainous district of a size of 1,138 square meters to the extent that the forest damage equivalent to KRW 448,00 is likely to occur as farmland by performing work using a digging hole in order to create a mountainous district as farmland from the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the preparation of a special judicial police officer C;

1. Restoration photographs;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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