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(영문) 대구지방법원 상주지원 2018.11.27 2018고단181
산지관리법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In 2014, the Defendant installed three containers for rest of persons collecting earth and stones and storing soil and stones collection equipment on a 31 square meter of a door-gu, Si, Do, a preserved mountainous district without obtaining permission for change of gathering earth and stones.

2. In 2015, the Defendant collected earth and rocks that flow out due to the blasting of powders, vibration, concentration, etc., from 139 square meters in Do-si, Si-gu, Do-si, where the preservation area is located, 533 square meters in E, 707 square meters in Do-si, and 18 square meters in Do-si, Si-si, Do-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect prepared by each special judicial police officer against the accused;

1. Statement made by police officers of each special judicial police branch with H and I;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each investigation report (No. 1 through 6, 14)

1. Article 54 Subparag. 4 of the relevant Act and the main sentence of Article 25(1) of the Management of the Mountainous Districts Act concerning criminal facts and the selection of punishment (Article 54 Subparag. 2 of the judgment, collectively, shall be applicable);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the weight of the instant crime is light;

subsection (b) of this section.

However, considering the favorable circumstances, such as the fact that the defendant recognizes all crimes and reflects them, the completion of restoration or the progress of restoration for violations after this case, and the fact that the defendant has no criminal record for the same kind of crime.

In addition, the Defendant obtained permission to collect earth and stones on a broad area of 33,980 square meters in around 2004, around 50,107 square meters in around 2009, and about 84,000 square meters in total, and collected earth and stones for a long time since that time. Due to the flow of time, the boundary of permission was somewhat unclear, and there seems to have been an illegal act on the area which is extremely small compared to the permitted area in this section.

Considering the favorable circumstances such as the circumstances leading to such crimes.

(b) other.

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