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(영문) 전주지방법원 정읍지원 2016.06.14 2015고단525
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district of the 2015 Highest 525 Mountainous districts shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree after determining

Nevertheless, around November 2014 and around April 2015, the Defendant damaged trees by using a digging hole and changed the form and quality of a mountainous district of approximately 2,120 square meters by cutting, cutting, and scam work, etc., without obtaining permission for mountainous district diversion from the number of father-gun, the competent administrative agency, in the area of the forest and Da forest and 2 lots located in North Korea, North Korea-gun, and D Forest and fields.

The Defendant changed the form and quality of land in 2 lots of land, forest and D forest and 2 lots of land before North Korea, without obtaining permission for development activities from the number of fatheran-gun, which is the competent authority.

On August 6, 2015, the head of Ansan-gun, the competent authority, ordered the Defendant to restore the said two parcels of forest land in which development activities were conducted without obtaining permission for development activities, to the original state until August 27, 2015, and the Defendant did not implement the order even when he received notification of the order for restoration on August 12, 2015.

Summary of Evidence

"2015 Highest 525"

1. Partial statement of the defendant;

1. Each statement of the witness E and F in the second public trial records;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. The airline of the National Land Geographical Information Institute 2016 Highest 39;

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A written accusation;

1. A public official statement in charge of G preparation;

1. Application of Acts and subordinate statutes governing the airline of the State land information sources;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the option of punishment, and Articles 14 (1) (unauthorized mountainous districts) of the same Act, Articles 142 and 133 (1) 6 (a) of the National Land Planning and Utilization Act, and the selection of fines for the crime;

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

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

1. Judgment on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

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