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(영문) 춘천지방법원 2017.10.25 2017고정287
산지관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. for a specified purpose, such as work roads, and a person who intends to temporarily use a mountainous district for a purpose shall report such fact to the head of the relevant forest in relation to the mountainous district of national forests, and to the head of the relevant Si/Gun/Gu in relation

Nevertheless, on May 6, 2017, the Defendant established a work route of 104 meters in length and 2.5 meters in width without reporting the temporary use of a mountainous district in Chuncheon-si C and D in order to change the Defendant’s body grave, and converted the use of a mountainous district into a total of 745 square meters in width, including soil and standard tree 7 square meters in width without obtaining permission for the diversion of a mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the criminal report and the actual investigation report;

1. Article 53 Subparag. 1, Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Article 55 Subparag. 2, and Article 15-2(2) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) (amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are acknowledged, and the reflectivity, the record of criminal punishment (except for the fine of small amount in 194) and the scale of each of the instant crimes are considered as the primary sentencing factors. In addition, the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are considered as the primary sentencing factors, and the punishment as set forth in the instant argument is determined in light of all the circumstances, including the Defendant’s age, sexual conduct, motive and circumstance of the crime

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