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(영문) 부산지방법원 2016.08.16 2016고정900
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority for a specified purpose, as prescribed by Presidential Decree, and a person who intends to engage in development activities shall obtain permission from the competent authority.

Nevertheless, on November 2015, the Defendant, after having obtained permission for the diversion of mountainous districts and development activities in the Busan Young-gu, Busan, the Defendant performed the diversion of mountainous districts and development activities by cutting approximately 80 meters of length and approximately 1m or 4m of height according to the edge of the above forests and fields using the digging range.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to accusation reports, field photographs;

1. Article 53 Subparag. 1 of the relevant Act and Articles 14(1) (a) of the Management of the Mountainous Districts of the Selection of Punishment Act concerning the facts constituting an offense, and Articles 104 Subparag. 1 and 56(1) (a) of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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