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(영문) 대전지방법원 천안지원 2016.03.03 2016고정55
산지관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district after installing a simple agricultural and fishery facility, which is not subject to a building permit or building report under the Building Act, shall report thereon to the head of a Si/Gun/Gu.

Nevertheless, on May 2015, the Defendant cut trees with respect to 91 square meters of B forest land in Asan-si, Asan-si without filing a report on temporary use of mountainous districts, and temporarily used mountainous districts by installing containers to store agricultural machinery by creating the ground in a flat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and image of the survey report on the actual condition of the instant land and the investigation report (report on the damaged area);

1. Each entry and video of the land register, the land use plan confirmation certificate, and the forestry map (B);

1. Application of each of the film laws and regulations on the actual measurement of the current status of the instant land GPS, the site photograph of the instant land, and the air carrier of the instant land

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense and Article 15-2 subparagraph 1 of the Management of the Mountainous Districts which are the option of punishment (opportal selection);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was punished eight times (one time of actual punishment, seven times of fines) due to the crime of this type. Meanwhile, the calculation amount of restoration expenses at mountainous district is KRW 394,00 and the defendant appears to have been partially restored, and the defendant has no record of punishment for the same kind of crime and is contrary to the defendant's age, sexual behavior, environment, etc., and the sentencing conditions indicated in the argument of this case, such as the defendant's age, sexual behavior, and environment, are considered.

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