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(영문) 춘천지방법원 원주지원 2017.08.30 2017고단170
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Any 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.

The defendant is the H chief in G in Gangwon-si.

1. On January 201, the Defendant created a site equivalent to approximately KRW 2,761 square meters by embling booms with a cream in Gangwon-si, Gangwon-si, J, and K without obtaining permission from the Administrator of the Forest Administration, etc., and used the parking lot and Do land to cultivate mountainous districts for the purpose of cultivating parking lots and Do land.

2. On March 2013, the Defendant, without obtaining permission from the head of a forest office, etc. in K in Gangwon-si, Gangwon-si, Gangwon-do, and newly constructed a building of a size of 410 square meters using a scke, thereby converting the use of mountainous districts.

3. On April 2014, the Defendant converted the use of mountainous districts by creating a stone shed equivalent to 81m2m2 in a way that he/she re-sprinks using a cream, without obtaining permission from the head of a forest unit, etc. in K in the city of Gangwon-si, Gangwon-si, and by converting the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts Act, the selection of fines for the crime (the following factors considered as favorable to the punishment), and the selection of fines for the crime (the following factors considered as favorable to the punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following circumstances and other factors, including the Defendant’s age, sexual conduct, environment, motive of the crime, and circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The area damaged by the defendant's act is not small.

The favorable circumstances: The punishment shall not have the same record and the same record as the punishment, in addition to the punishment of a fine on one occasion.

The completion of restoration of a damaged mountainous district was completed or the restoration was exempted.

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