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(영문) 청주지방법원 충주지원 2017.10.18 2016고정175
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 purchased land in the voice C, Chungcheong-gun, Chungcheongnam-do as a heavy equipment driver.

In order to secure access roads for access to land purchased in the early December 2015, the Defendant: (a) mobilized one digging machine on the 206 square meters of land within the area of the State-owned forests, Chungcheongnam-gun, Chungcheongnam-gun, the Korea Forest Service; and (b) converted the use of the mountainous district by opening an access road equivalent to 25 tons of dump trucks by covering the earth; and (c) did not obtain permission for diversion of mountainous district under the Mountainous Districts Management Act from the head of the competent State-owned forest management office.

Due to the illegal diversion of the defendant's mountainous district, damage equivalent to KRW 892,00 has occurred.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes governing registration;

1. Article 53 of the relevant Act on criminal facts and Article 53 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) (amended by Act No. 14361, Dec. 1, 201);

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged Defendant delegated the authorization and permission business to E, who operates a design office, to build a factory on the ground of the land of the Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant, stating that “A consultation with the state forest management office of the Chungcheong-gun, thereby opening an access road to the land of the Chungcheong-gun, Chungcheongnam-gun, Da (hereinafter “the instant forest”) was installed.” Thus, there was no intention on illegal diversion.

2. We examine the judgment, and the witness E applied for permission to convert mountainous districts to open access roads to the instant forest in the Chungcheong State Forest Office by the Defendant in this Court, and without obtaining such permission, the Defendant opened access roads to the instant forest under the condition that he did not obtain such permission, and the witness created access roads because he consulted with the State forest office.”

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