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(영문) 춘천지방법원속초지원 2020.12.23 2019고단574
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, the Defendant, without obtaining permission from the competent authority from around 201 to May 2015, converted the form and quality of the forest by changing the form and quality of the forest by removing miscellaneous trees in order to create a site for planting forest products from the Gangseoyang-gun B and C, and 2,345 square meters of forest land (a preserved mountainous district) from around 2011 to around 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the actual condition survey report, location map and lot number map of damaged area, cadastral survey records, details of calculation of forest damage amount, on-site survey photographs, forest register book, and mountainous district classification shall also be applicable;

1. Article 6 of the Addenda to the Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 subparagraph 1 of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); the main text of Article 14 (1) of the former Management of Mountainous Districts Act (comprehensively, choose of fines) concerning criminal facts;

1. Articles 70 (1) 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 recognizes the defendant's mistake, and the defendant has no record of being sentenced to the same criminal power or fine.

In addition, the defendant completed restoration of mountainous district.

However, the scope of the mountainous district used by the defendant without permission is broad.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the circumstances of crimes.

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