logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2020.07.21 2020고단500
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

A person who intends to temporarily use a forest shall report mountainous districts in a forest which is not a national forest to the head of Si/Gun/Gu.

1. On November 2017, the Defendant, without reporting to the competent authority, set up a temporary use of a mountainous district by cutting and raising the mountainous district into work by using a cutter for the purpose of cultivating mountain ginseng on a total of 124 square meters in the area B of Gyeong-gun, Gyeong-gun, Gyeong-gun, Busan, which is a non-preserved mountainous district, and around October 2018.

2. Around January 2, 2020, the Defendant, without reporting to the competent authority, temporarily used the mountainous district to cut and embling the mountainous district by using a cutter for the purpose of preventing disasters, such as landslide prevention, etc., on a total of 4,454 square meters of the size B indicated in paragraph (1) of the same Article, which is a non-preserved mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes in written confirmation of land use plan, such as a de facto survey report, a location map of forest damaged land, information on forest geographical information, field photographs, certified copies of forest land and forest register;

1. Article 55 subparagraph 2 of the Mountainous Districts Management Act and Article 15-2 (2) 7 and 12 of the former Mountainous Districts Management Act (Amended by Act No. 16710, Dec. 3, 201); the selection of each fine for criminal facts;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) details and size of temporary use of the reason for sentencing; and (b) restitution to the original state; and (c) records including no record of criminal punishment; and (d) conditions of various sentencing as shown in the pleadings of the instant case

arrow