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(영문) 창원지방법원 거창지원 2013.07.10 2013고정66
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 201, the Defendant illegally diverted the 1,117 square meters of the forest area in the area of the sea year without obtaining permission for the purpose of farmland creation in the Gyeongnam-gun, which is a forest owned by the Defendant. The Defendant illegally diverted the 1,117 square meters of the forest area by using the scke equipment.

2. On March 2008, the Defendant illegally diverted the forest area of 1,373 square meters in the forest area without obtaining permission for the purpose of growing medicinal land within the Gyeongnam-gun, which is the forest owned by the Defendant. The Defendant cut the forest by using the cream equipment and piling the stone axis, and illegally diverted the 1,373 square meters in the forest area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, each investigation report on actual condition (the second survey on actual condition, Cactic status), and proposing the direction of transmission of cases;

1. Article applicable to criminal facts;

(a) Criminal facts Paragraph (1): Subparagraph 1 of Article 53 of the former Mountainous Districts Management Act (Amended by Act No. 11352, Feb. 22, 2012) and the former part of Article 14(1)

B. Criminal Paragraph (2): Subparagraph 1 of Article 53 of the former Mountainous Districts Management Act (amended by Act No. 9401 of Jan. 30, 2009) and the former part of Article 14(1)

1. Selection of each alternative fine for punishment;

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

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, consideration, such as the fact that the defendant seriously reflects each of the crimes of this case, the fact that the defendant illegally used mountainous districts D, from among unlawfully used mountainous districts, intended to build forest roads, and that the defendant donated an amount equivalent to 70 square meters among forest roads constructed on or around December 13, 201, to a cultivation group.

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