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(영문) 의정부지방법원 2018.07.12 2017고정1493
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 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 prescribed by Presidential Decree.

Nevertheless, on February 2014, the Defendant, without permission from the competent authority, converted the use of a mountainous district into a place by installing a vinyl house with approximately 80 square meters of national forests located in Gyeonggi-gun C, Gyeonggi-do, and used approximately 257 square meters of the above national forest in the name of the Sincheon-gun, and converted the use of a mountainous district in a manner of converting a bridge into a place for planting a bridge by inserting a bridge for planting a gys.

Summary of Evidence

1. Statement by the defendant in court;

1. A business trip report (on-site verification of sites prior to illegal mountainous districts), a survey report on actual conditions, a location map, and a photographer, a public notice of standards for calculating recovery expenses for year 2017, a certificate for registered matters, and a forest register;

1. Application of the Acts and subordinate statutes notifying results of inquiries, such as criminal history;

1. Article 6 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); Articles 53 Subparag. 1 and 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the selection of fines for criminal facts;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the fact that the defendant recognizes all the criminal facts of this case and reflects his mistake; (b) the fact that the restoration of the original state appears to have been completed; and (c) the fact that there is no special criminal record of criminal punishment except for those subject to punishment once for the crime of injury caused by ordinary business and actual injury in 1970.

However, each of the crimes of this case committed by the defendant, however, by installing a vinyl house or creating a arable site without permission, is not less than the nature of the crime in light of the contents and methods of the crime, the balance of general punishment in the same and similar cases, and the pleading of this case.

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