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(영문) 대구지방법원 김천지원 2015.06.17 2015고정145
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district to create mountain paths, such as work performed in mountainous districts, shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu with regard to mountainous districts which

Nevertheless, the Defendant established an access road with a size of 1,848 square meters in a size of 582m [the 686m in the facts of prosecution appears to be a clerical error in 582m in accordance with the investigation report re-verification of the damaged area (including the damaged area map, the statement of calculation of forest recovery expenses, and the 35 through 37m in the investigation records)] by using scrails in order to manage head trees in Kimcheon-si C, Kimcheon-si, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation, re-verification of damaged area, map of damaged area, details of calculation of forest recovery expenses;

1. Application of Acts and subordinate statutes to a petition, a practical survey report, and a photograph of damaged area;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 7 (Selection of Fines) of the Management of Mountainous Districts Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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