logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.11.16 2020고정184
산지관리법위반
Text

Defendant shall be punished by a fine of one million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to engage in an act of conversion into mountainous districts shall obtain permission for conversion of mountainous districts.

On October 2015, the Defendant, without obtaining permission for mountainous district conversion in Seosan-si B, destroyed mountainous districts of 323 square meters in the cut-off work, and caused damage to mountainous districts in need of KRW 0,462,00 of standing timber damage amount, and KRW 1,462,00.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The current state and photographs of areas destroyed by forests and the aerial photography of areas destroyed by forests;

1. Application of Acts and subordinate statutes to the actual condition survey report, the background and results of the actual condition survey, the location map of actual condition survey, the forest damaged area map, the land utilization plan confirmation, the entire certificate of land engineer, etc., and the land ledger;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. Although the Defendant had a record of criminal punishment several times, there is no few times of punishment for violation of the Management of Mountainous Districts Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

The Defendant recognized the facts of the instant crime, and the septic tank, which was the purpose of damaging the mountainous district of this case, was already removed.

The defendant did not directly damage standing timber due to the crime of the defendant.

As transfer from the special judicial police officer to the prosecution for three years delayed, the defendant has been placed in unstable situations about criminal punishment for a long time.

In addition, all the sentencing factors in the trial process of this case, including the defendant's age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as the amount mitigated than the summary order as ordered.

arrow