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(영문) 대전지방법원 2018.04.27 2018고정67
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, on May 26, 2017, the Defendant diverted the mountainous district equivalent to 788m2 without obtaining permission from the competent authorities to cut the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (Attachment of Comparison Data of Flight Operators);

1. Article 6 of the Addenda to the Management of the Mountainous Districts (amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016);

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

1. Consideration of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order are recognized and against his mistake, and that the restoration to the original state took place, etc.

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