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(영문) 청주지방법원 2017.07.06 2016고단1840
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on March 2013, the Defendant converted mountainous districts into mountainous districts to have an amount equivalent to KRW 5,101,120 for mountainous district recovery expenses, such as the use of c 1,305 square meters and installation of drainage channels, without obtaining permission to convert mountainous districts in the area of 1,305 square meters in Chungcheongnam-gun, Chungcheongnam-gun, the Korea Forest Service, which is a state forest managed by the Korea Forest Service.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. E statements;

1. A survey report on actual conditions;

1. A report on the assessment of the amount of damage;

1. Results of the GPS survey;

1. Each investigation report (58,67 pages of evidence);

1. Application of Acts and subordinate statutes to a letter of investigation results ( listening to statements by special police officers in charge);

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Mountainous district damaged by the alleged defendant is more than 100 square meters and is used as dry field since it was cleared prior to the destruction of the mountainous district of this case. Around around 2010 at the Cheongju National Forest Management Office, the Defendant did not divert the mountainous district because it had already been set up a work for cutting standing timber and planting pine trees in the mountainous district of this case, and was in the shape of a double shot-type.

2. Determination

A. According to each of the above evidence, it is evident that the Defendant’s use of a so-called digging machine amounts to 1,305 square meters as stated in the facts constituting a crime.

(b) Whether a mountainous district is a mountainous district under the Management of Mountainous Districts Act shall be determined according to the actual state of the relevant land regardless of the items in public registers, and the mountainous district has lost its phenomenon.

Even if the lost situation is temporary reinstatement.

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