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(영문) 인천지방법원 2020.11.19 2020고정132
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

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, around March 20, 2019, the Defendant, without permission from the Administrator of the Korea Forest Service, converted a mountainous district to convert the form and quality of the said mountainous district by inserting a insertion on the Incheon Strengthening-gun B and C forest land 50 square meters, which is a quasi-preserved mountainous district without permission.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A current status of change in the form and quality of mountainous district;

1. Application of field photographs-related Acts and subordinate statutes;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The amount of damage to the forest due to the conversion of the mountainous district for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is relatively small. Since the instant case, the Defendant appears to have made efforts to restore the forest by planting part of pine trees in the relevant mountainous district, and other factors, taking into account the Defendant’s age, environment, etc., the amount of a fine more than that prescribed by the summary order shall be reduced and determined as ordered

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