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(영문) 춘천지방법원 영월지원 2019.01.15 2018고정101
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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. according to classification of the type, area, etc. of the mountainous district

Nevertheless, on May 2017, the Defendant converted a mountainous district into a total of six facilities, including one kitchen facility, two outdoor tables, two container containers, one mobile toilet, etc., without obtaining permission from the competent authority, in a size of 97.47 square meters in Gangwon-gun, Gangwon-do, which is a preserved mountainous district, in a manner that illegally installs six facilities, such as one mobile toilet.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report, a survey and a location map, results of a cadastral survey, calculation of the amount of damage, a photographer, and a forestry register;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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