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(영문) 대전지방법원 서산지원 2014.03.28 2013고정345
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 2013, the Defendant damaged the forest equivalent to 560 square meters of the cost of restoration without obtaining permission, etc. from the permitting authority, in conducting waste disposal and suspension work for land creation, etc. left alone within the land outside Taean-gun, Taean-gun, and one parcel of land on the date and before the date.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion;

1. Application of Acts and subordinate statutes to the actual plane map, land cadastre, cadastral map, land use plan confirmation certificate, on-site photograph, details of calculation of expenses for recovery of a mountainous district, and copies of public notice of the standard amount for calculation of expenses for recovery;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of a fine of choice of punishment ( Taking into account circumstances and degree of damage inflicted by the defendant, the fact that the damaged part was restored to the original state, his previous offense, occupation, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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