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(영문) 대전지방법원 홍성지원 2019.01.25 2018고정116
산지관리법위반등
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, around August 2012, the Defendant buried the ditch as tin, without the permission of the competent authority, in Bocheon-si B, Bocheon-si, 2012, and performed the mination of the forests in the unafforested state, and converted the use of mountainous districts by installing one container stuff and one portable tree-building house.

2. No person who violates the Public Property and Commodity Management Act shall use or profit from the public property unless he complies with the procedures and methods prescribed by the Public Property and Commodity Management Act.

Nevertheless, from August 2012 to March 5, 2018, the Defendant installed a container stuff, a portable tree house, and a water-resistant forest facility in the mountainous district, which is a gambling forest, at the same place, and used public property.

Summary of Evidence

1. Defendant's legal statement;

1. Actual condition survey report, on-site survey report, and photographbook, and details of calculation of expenses for the restoration of unlawfully converted mountainous districts;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Articles 99 and 6(1) of the Public Property and Commodity Management Act (amended by Act No. 14361, Dec. 2, 201); the selection of each fine for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is due to his mistake, the container gambling one is already removed, and the defendant promises to voluntarily remove the remaining buildings being illegally used by the competent authority by May 2019, and the amount of illegal diversion area restoration cost is about 900,000 won, the degree of violation of public forests is relatively insignificant.

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