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(영문) 창원지방법원 진주지원 2020.03.19 2019고단1276
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant added it ex officio from January 2017 to January 2019, as confirmed in records, as there is no disadvantage to the Defendant’s exercise of the right to defense, which is a preserved mountainous district.

In the Hanam-gun B, Gyeongnam-dong without permission from the Minister of the Korea Forest Service, he used Pokele, and developed 11,158 square meters in the same mountainous district without permission, and installed a work route beyond the scope of authorization.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the actual condition survey report, location map, survey data, field photographs, the real estate register, the forestry register, and the forest management plan approval;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the defendant was punished by a fine on one occasion for the same offense; (b) the size of the diversion of the mountainous district was restored to the original state without permission; and (c) the fact that the change of the form and quality of the mountainous district was punished for around 203 years prior to the unauthorized change of the form and quality of the mountainous district without permission; and (d) the various conditions for sentencing specified in the argument of the instant case

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