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(영문) 전주지방법원 2014.10.22 2014고정879
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. for a specified use, and a person who intends to engage in development activities that alter the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City

Nevertheless, on April 2014, the Defendant cut at least 5 meters of the high sloped part by pokeras, etc. in order to create celhers, camping, etc., without obtaining permission from the competent authority, in the B (forest, 8,133 square meters) in the Jeonju-gun, Jeonju-gun (forest, 8,133 square meters) around the end of the day, and conducted a development act changing the form and quality of the land by putting the lower sloped part into a mountainous district of 4,463 square meters by putting five meters off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and D;

1. Guide map;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 54 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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