logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.02.03 2015고단1786
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

Nevertheless, the defendant, on September 2015, proposed to make a second-class and second-class warning.

D. In forest land E, a person converted a mountainous district of approximately KRW 2,625 square meters into a mountainous district by removing miscellaneous trees without obtaining permission from the competent authorities and cutting and embankinging the ground by using a excavating machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for measures to detect illegal damage to forests, outlines of forest damage, site photographs;

1. A survey report on actual condition, cadastral map photograph, aerial photography, rode beauty photograph, practical condition survey photograph, and the arche photograph;

1. Investigation report (report on the land register and the land use planning resources), and land register;

1. Attachment of a report on investigation, forest damaged area map, a detailed statement of calculation of damaged amount, and a non-permanent area map;

1. Application of Acts and subordinate statutes to a report on investigation (report on the currency of news articles).

1. Relevant legal provisions and the choice of punishment concerning criminal facts: Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The reason for sentencing: Miscellaneous timbering, land flating, even if it is nominal, it is necessary to severely punish illegal mountainous district diversions for preserving the environment of Jeju Special Self-Governing Province, and it is confirmed that the restoration from the original state was conducted ( January 25, 2016).

Even if there are circumstances favorable to the fact that a considerable time is needed even before being damaged: The illegal mountainous district area is relatively smaller than 2,625 square meters, and there was a purpose of land price increase.

The fact that the restoration of the original state, the fact that the restoration is confirmed, the fact that there are no criminal records of the same kind and the suspension of execution or higher, and the fact that the registration of the defendant is revoked and the case is subject to excessive punishment (Article 4 of the Tax Law, Article 4).

arrow