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(영문) 의정부지방법원 2013.08.14 2013고정1426
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around March 2012, the Defendant violated the Mountainous Districts Management Act by changing the form and quality of a mountainous district by cutting the area of 320 square meters, 108 square meters among D forest land, and 1,167 square meters among E forest land, and cutting the area of 1,167 square meters, among E forest land, which is connected to the boundary of the said mountainous district without obtaining permission for change from the competent administrative agency, while performing the construction of a site for the purpose of building a detached house with respect to the relevant land in Pyeongtaek-gun B.

2. The Defendant violated the Creation and Management of Forest Resources Act: (a) laid down 22 glue trees raised from the said forest without obtaining permission from the competent authority on a 627 square meters of forest land among the areas, other than the areas where the conversion of a mountainous district was conducted without obtaining permission, as described in paragraph (1), among the areas, which were located in Pyeongtaek-gun C, in the temporary border game as described in

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) there is no criminal conviction of the same kind; (b) there is a reflection of his or her mistake in depth; (c) most of the mountainous districts exclusively used without permission was restored to their original state; and (d) the means and results of the instant crime; and (c) all the conditions for sentencing, including the circumstances after the crime, Defendant’s age, character

It is so decided as per Disposition for the above reasons.

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