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(영문) 창원지방법원 진주지원 2018.03.22 2018고정9
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district shall report to the head of a Si/Gun/Gu on the mountainous district of a forest that is not a state forest.

Nevertheless, the Defendant, without filing a report from November 14, 2016 to November 15, 2016, temporarily used approximately KRW 12,602,00 for recovery of mountainous districts with approximately KRW 2,568 square meters for the purpose of dead growth in Gyeongnam-gun, Busan-gun, a Gyeongnam-do, in mountainous district, from around November 14, 201 to around November 15 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Yellow dust survey report, location map of forest damaged areas, survey drawings of forest damaged areas, drawings of the current status for reference, and satellite photographs;

1. A photographer, certified copy of forestry map, forest register, and certificate of land use plan;

1. Standards for calculating recovery expenses from mountainous districts:

1. Application of Acts and subordinate statutes to order the recovery of land before illegal mountainous districts;

1. Article 55 Subparag. 2 and Article 15-2 Subparag. 2 Subparag. 4 of the former Mountainous Districts Management Act (wholly amended by Act No. 14361, Dec. 2, 2016); the selection of fines for criminal facts

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

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

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