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(영문) 제주지방법원 2018.07.18 2018고정94
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

The defendant is the representative of Jeju located in B at Jeju, and is the owner of forest land located in D at Jeju.

Any person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose.

Nevertheless, the defendant from April 12, 2017 to the same year.

5. Around 20 days between around 18 and around 20 days in Jeju Special Self-Governing Province, he/she performed an operation of piling up stone in the land boundary with a view to building a park in the forest and fields located D located in Jeju Special Self-Governing Province, and performed an operation of removing miscellaneous trees, such as trees, etc., from the boundary of the land at the seat of the land so that Koreans can work smoothly by mobilized one unit of 6W and Gong (02), which he/she developed on the boundary of the land at the seat of the land so that people can work smoothly. From among the land, a part of the 5 military rocks are formed due to the disaster prevention of pine re-ray in the land, so that vehicles cannot move across the dives of the land by taking advantage of the scke, bre, so that people can break up the sc-50 cm of height 30 cm or 50 cm of height.

As a result, the Defendant did not obtain permission for the diversion of mountainous districts from the Jeju Mayor, and instead converted the damaged area of 7,438 square meters into mountainous districts of 5,376 square meters in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by special judicial police officers to E;

1. Each investigation report (the details of calculation of damaged area, review of violations of the Cultural Heritage Protection Act, and investigation of calculation of damaged area);

1. A statement of calculating the quantity of land damaged by forests, and a list of destroyed and damaged areas;

1. A certificate of land use plan;

1. A location map;

1. One copy of the damaged area map;

1. Details of damaged area;

1. Application of each statute on photographs;

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Management of the Mountainous Districts Act concerning criminal facts: Mountainous district management was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017; each of the of the of the of the of the of the instant crimes was committed before or after the former Act was amended by Act No. 14361, Jun. 3, 2017; and the statutory penalty of the new Act is more than the statutory penalty of the former Act, under Article 1(2) of the Criminal Act.

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