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(영문) 의정부지방법원 2019.02.14 2018고정1261
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who cultivates B B forest in the vicinity of Sincheon-si.

Any person who intends to convert a mountainous district for the purposes of establishing facilities, such as the warehouse of agricultural and fishery products subject to a building permit or building report, shall file a report thereon with the competent authority, and any person who intends to temporarily use a mountainous district for the purposes of installing facilities, etc. for temporary agriculture, forestry and fishery products not subject to a building permit or building report shall file

Nevertheless, the Defendant did not file the said report, and cut and filled the land without permission by using digging machines and engineers from May 20, 2018 to June 21, 2018 for the purpose of creating a site for storage facilities and installing a site for storage facilities in the aggregate of 166 square meters of forest land B, among forest land B, and for building a dump for securing agricultural water.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs of unlawfully converted mountainous districts, calculation of the area of illegally converted mountainous districts, standard table of calculation of recovery costs of illegal converted mountainous districts, the Korea Forest Service in 2018, records of judicial treatment in 2016, land cadastre and joint delay lists, confirmation of land use plan, comparative photographs of illegally converted mountainous districts, and summary orders;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 56 of the Act on the Management of Mountainous Districts as stated in the indictment under Article 55 of the Act on the Punishment of Mountainous Districts is obvious that the term "Article 55" is a clerical error in the indictment, and it does not substantially disadvantage the defendant's exercise of his right to defense

Subparagraph 1, Article 15(1)3 (unreported mountainous district conversion), Article 55 Subparag. 2, and Article 15-2(2)1 of the Mountainous Districts Management Act (the occupation of temporary use of mountainous district)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The main issue of Article 334(1) of the Criminal Procedure Act is to secure agricultural water.

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