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(영문) 전주지방법원 남원지원 2017.01.10 2016고정66
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 10, 2016, the Defendant used equipment such as digging machines, etc. to use mountainous districts equivalent to 680 square meters, and converted mountainous districts to use mountainous districts in order to set the access roads for agricultural machinery and equipment leading to the field of the said forest and field to E, the Defendant, located in the neighboring area of the said forest and field, without obtaining permission from the head of the Namwon-si, Namwon-si.

Summary of Evidence

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

1. The application of the actual survey report, the location map of illegally damaged areas of forests, the photographs of illegal forests prior to the destruction of forests, the current status on the survey of areas where illegal forests are damaged, and the details of calculation of the amount of damage under statutes;

1. Article 53 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 dismissal of miscellaneous trees, etc. in the part which was used as forest roads before the reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined as ordered by the reduction of fine under the summary order by taking into account the circumstances leading to the crime; substantial part of the crime appears to have been naturally restored; and the absence of the same criminal record;

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