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(영문) 의정부지방법원 2014.01.16 2013고정1275
산지관리법위반
Text

Defendant

B shall be punished by a fine of one million won.

Defendant

B If the above fine is not paid, KRW 50,000.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc., but around July 201, Defendant B installed a residential container stuff (3 meters in vertical length, 6 meters in width) in Seocheon-gun, Gyeonggi-do, and conducted conversion of a mountainous district without obtaining permission for conversion of a mountainous district by using approximately 30 evaluation sckes to construct a scke for scke for sckeing the mountainous district without permission.

Summary of Evidence

1. Legal statement of witness E;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation report (investigation into the point of time of installation of a site guard, container B, etc.);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Defendant B and defense counsel’s assertion under Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse;

1. Defendant B and the defense counsel asserted that, although there was a fact that a container stuff was installed on the ground of the Gyeonggi-do land D (hereinafter “instant land”), there was no fact that the mountainous district was damaged by using approximately 30 evaluation sckes.

2. According to the evidence duly adopted and examined by this court, at around September 21, 2009, E had several slopes for the land of this case at the time of concluding a loan agreement with the Seoul National Forest Management Office, and there was a depth of trees, and E discovered that a container stuff is installed on the land of this case around A, 2011, the location of the land of this case cannot be ordinaryized to the extent that the container can be installed without using a scke as a complete slope. On the other hand, the Gyeonggi-do National Forest Management Office maintained the land of Gyeonggi-gun National Forest Management Office from Jun. 17, 201 to Jul. 11, 201 to the point of view of maintaining the land of this case by drainage, and according to the above facts, it can be acknowledged that the place of the container of Defendant B and the draining construction works are far away from approximately 20-30 meters.

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