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(영문) 의정부지방법원 고양지원 2017.01.25 2016고정1175
산지관리법위반등
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant collected and stored wastes, waste home appliances, waste construction materials, etc., and sold them to recycling enterprises, and the Defendant, while displaying a place where wastes should be collected and stored, set the Gyeyang-gu B, Gyeonggi-do, a state forest under the jurisdiction of the Korea Forest Service, was designated as the place where wastes are collected and stored.

1. From October 2014 to December 2, 2015, the Defendant violated the Management of Mountainous Districts Act: (a) laid down wastes collected without permission within the mountainous district in the Goyang-gu, Seoyang-gu, Gyeonggi-do, Korea Forest Service, which is a state forest under the jurisdiction of the Korea Forest Service; and (b) laid down and repaired the structures of the relevant plastic house (2 Dong) and sand position plate (1 Dong Dong), and used them in order to store household appliances, etc. from the mountainous district under the jurisdiction of the Korea Forest Service; and (c) caused damage to State property equivalent to KRW 13,086,750, by installing a breeding dog and by converting the mountainous district of 1,144 square meters in total into an illegal mountainous district.

2. In violation of the State Property Act, the Defendant used mountainous districts without permission within the State forest under the jurisdiction of the Korea Forest Service, which is the administrative property for preservation of the land at the time of the foregoing day, as prescribed in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to investigation reports on offenses, photographs of current status, and actual survey reports;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and Articles 82 and 7 (1) of the State Property Act (excluding punishment);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act (it shall be taken into consideration all the circumstances, such as the completion after restoration from the original state and the absence of previous convictions);

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