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(영문) 춘천지방법원 2012.12.11 2012고정491
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 2005, the Defendant had changed the form and quality of a mountainous district illegally by installing a 274m2 and a 113m2 square meters for a graveyard using a digging hole in the forest land B in Gangwon-do, Gangwon-do.

From January 17, 201 to January 31, 2012, the Defendant violated an order to restore a mountainous district, the form and quality of which was altered, by failing to implement an order issued by the Gangwon-do Forestry Development Institute for illegal diversion of the forest land B, which was “the restoration of the forest land in Gangwon-do was illegally diverted.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing recovery of unlawfully converted mountainous district;

1. Subparagraph 10 of Article 55 and Article 44 (1) 2 of the Management of Mountainous Districts Act concerning facts constituting a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a cemetery and its access road in cases where the defendant has illegally changed the form and quality of a mountainous district; the defendant made efforts to restore the mountainous district to the original state to the extent that there is no soil or sand, such as planting trees and planting grass trees; and the cemetery part may be deemed difficult for the defendant to restore to the original state solely because his/her heir agreement is necessary, taking into account all the circumstances that conditions for sentencing, such as the defendant’s age, character, conduct, and environment, such as the

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