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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1471
산지관리법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B obtained permission to collect soil and stones from the number of Yangyang-gun to February 5, 2019 according to the topographical plan (the final sea wave height that can reduce mountain, and the violation of the permitted matters when reducing mountain, which may be reduced to a lower level below the above level) from 203,940 cubic meters in Yangyang-gun, both-gun C28,020 square meters from February 6, 2009, and Defendant A is the representative of Defendant B.

1. A person who intends to collect earth or stone in mountainous districts of a forest, other than a State forest, the defendant A, shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Gun, and shall also obtain permission to change any permitted matter, and shall not collect earth or stone without permission to change, in violation of such permission;

The defendant within the above permitted area from April 2016 to May 2016.

In addition, the earth and rocks were additionally collected in excess of the permitted quantity of 31,504 cubic meters in excess of the permitted quantity without permission for modification, by locating the volume of 9m to 14m vertical length in excess of the permitted planned area by using the crypter, aggregate scraper, etc.

Accordingly, the defendant collected earth and rocks without obtaining permission for change.

2. Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The actual survey report and local survey photograph;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 54 subparagraph 4 of the relevant Act and Article 25 (1) 2 of the Mountainous Districts Management Act; Defendant B who has selected to be sentenced to imprisonment: Articles 56, 54 subparagraph 4 of the Mountainous Districts Management Act and Article 25 (1) 2 of the aforesaid Act;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 334(1) of the Criminal Procedure Act (Defendant B)

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