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(영문) 대구지방법원 안동지원 2021.01.26 2020고정98
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. by setting the purpose thereof.

Nevertheless, from March 14, 2020 to June 16 of the same month, the Defendant, without obtaining permission from the head of a forest agency, etc., in the vicinity B of the permanent residence from around March 14, 2020, had the above C open a farm road with a size of approximately 450 square meters in total by cutting a mountainous district and cutting standing trees ( approximately KRW 1,56,580,000).

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of police statements made by the defendant against A of the police in the interrogation protocol of the suspect under the police interrogation protocol (verification, etc. of whether the defendant is unlawfully damaged a forest), investigation report (verification of the damaged area of the forest and calculation of expenses for restoration of mountainous districts), investigation report (determination of areas damaged by suspect and expenses for restoration

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of the Mountainous Districts Act 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. Taking into account such factors as: (a) the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act recognizes the crime and repents the wrong facts; (b) the damaged area or degree is relatively minor; (c) the restoration of the original state is completed; (d) the defendant committed the crime with awareness that he/she is only subject to the consent of the owner E; and (e) the first offender with no record of the crime;

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