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(영문) 전주지방법원 남원지원 2018.12.18 2018고단242
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On March 2015, the Defendant converted the use of mountainous districts into mountainous districts, such as clearing land by using heavy equipment, such as digging machines, etc., without obtaining permission from the competent administrative agency, with respect to the forest land, which is a quasi-preserveded mountainous district of 3,800 square meters, C 1,730 square meters, and D 4,960 square meters, in Namwon-si, Namwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of victims of forests;

1. Four copies of a certificate of land use plan;

1. Documents concerning permission to divert mountainous districts;

1. Application of Acts and subordinate statutes to investigation reports (E and C mountain Ship Investigations);

1. Article 55 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The wide area where the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order falls under 5,960 square meters in total, is disadvantageous to the Defendant.

However, the fact that the defendant reflects, that the defendant was the first offender who had no previous record, that the defendant completed restoration measures for the 2,160 square meters of the damaged mountainous district, and that the defendant applied for the approval of the development project and carried out it in addition to the remaining mountainous district, shall be considered as favorable to the defendant, and the punishment shall be determined as per the order, taking into account all the factors of sentencing specified in the arguments in this case.

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