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(영문) 광주지방법원 순천지원 2014.10.28 2014고정228
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

The Defendant is a person who has obtained permission for conversion of a mountainous district for the purpose of constructing a farming house and a mushroom farming house with respect to 3,485 square meters of farmland in Jeonnam-gun, Bosung-gun, and D

In July 2012, the Defendant, while carrying out construction works in the said mountainous district conversion area, was located adjacent to the said area, and was converted into mountainous district without permission by setting up working roads on the E forest land of 313 square meters without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Calculation of the area of a forest damaged area, application of the Acts and subordinate statutes governing the GPS survey room map and the airline of the aeronautical video space system in the south-do;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's reason for sentencing of the provisional payment order; the permission for conversion of a mountainous district for the forest owned by the defendant is granted but it appears that the forest owned by another person adjacent to the defendant was damaged without permission due to neglecting the management of boundary items in the process of performing construction; and the completion of restoration for the part damaged by the pertinent administrative agency's restoration order.

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