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(영문) 청주지방법원 2017.06.21 2016고단2918
산지관리법위반
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district for any other purpose shall determine the size and purpose of the diversion and obtain permission to divert the mountainous district from the competent authority.

1) Nevertheless, on March 2010, the Defendant maintained approximately 311 square meters of the said mountainous district in order to keep the wedding early, etc. for the management of a mountain, without obtaining permission from the competent authority in Cheongju-si, Cheongju-si, and converted the form and quality of the mountainous district by installing temporary buildings, plastic houses, etc. on the ground thereof on around 2011.

2) On March 2014, the Defendant converted the use of a mountainous district by changing the form and quality of the mountainous district, such as organizing the forest site equivalent to 8,142 square meters in the same mountainous district without obtaining permission from the competent authority, and cutting down trees to renew species, in order to reduce and maintain a cemetery which has been scattered in the same mountainous district.

3) On April 2016, the Defendant converted a mountainous district into a mountainous district, such as changing the form and quality of a forest equivalent to 1,213 square meters in the said mountainous district, without obtaining permission from the competent authority, in order to expand existing paths, due to the expansion of roads and packing construction of a village.

Summary of Evidence

The details of calculation, location map, damage level, on-site photo, forest register, copy of forestry map, and application of land use plan confirmation Acts and subordinate statutes to the defendant's legal statement;

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 14 of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

3. The area of a mountainous district whose reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was damaged by the defendant is large.

Provided, That the punishment shall be determined in consideration of the defendant's age, sexual behavior, environment, circumstances of the crime, etc. in consideration of the fact that the defendant reflects the wrong, the restoration expenses are deposited, the restoration of mountainous district is performed, the first offender who has no record of criminal punishment, and the sentencing is the first offender who has no record of criminal punishment.

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