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(영문) 대구지방법원 2017.08.11 2017고정1231
산지관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, or other similar mountain paths shall report thereon to the competent authority.

Nevertheless, on October 2016, the Defendant temporarily used a mountainous district in a manner that maintains approximately 1,220 square meters of a mountainous district without reporting to the competent authority in order to use it as a mountain path from Gyeongcheon-si B, Gyeongcheon-si, or for a mountain path.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a location map, and aerial photography, the station map, the content of calculation of the amount of damage, the head of the survey site on the cutting of standing timber, the field diameter, and the past satellite photograph;

1. Application of the Acts and subordinate statutes to the forest ledger and forestry map;

1. Article 55 Subparag. 2 of the relevant Act and the former part of Article 15-2 Subparag. 2 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) on criminal facts and the selection of fines, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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