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(영문) 의정부지방법원 2017.10.25 2017고단3807
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, the Defendant, in the Gyeonggi-do Gyeonggi-gun, around September 2016, conducted cutting and banking of 2,397 square meters of forest land by using pocles, without permission from the competent authority, and performed activities to divert the mountainous district by piling up soil and rocks.

2. A person who intends to excavate and gather forests in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant, on September 2016, performed an act of diverting a mountainous district in violation of the Management of Mountainous Districts Act at the Gyeonggi-gun, Gyeonggi-do, and the District Court on January 26, 2016, without permission of the competent authorities, on the ground that the Defendant’s act of diverting a mountainous district in violation of the Management of Mountainous Districts Act, which was sentenced to the suspension of the execution of ten months in October, 2016, was transplanted to neighboring areas on the ground that the Defendant’s act of diverting a large tree tree nursery 138, which the Defendant was depthd,

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's place, each fact-finding report, each statement of each mountainous district restoration order, and the application of video Acts and subordinate statutes;

1. Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Article 14(1) main sentence of the Mountainous Districts Management Act (unauthorized mountainous districts) regarding criminal facts; Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act; and each selection of fines, respectively.

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. On January 26, 2016, the Defendant, with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to imprisonment with labor for a violation of the Mountainous Districts Management Act at the District Court of the Jung-gu District on October 26, 201 and two years of suspended sentence.

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