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(영문) 대구지방법원 포항지원 2017.10.18 2017고정307
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission to divert the mountainous district from the head of the relevant forest office, etc. according to the classification of types, areas, etc. of the mountainous district prescribed by Presidential Decree

Nevertheless, on May 9, 2017, the Defendant opened a access road on a total of 790 square meters by using a digging hole, etc. without obtaining permission for mountainous district conversion in the course of construction of a bypass road toward farmland in the north-gu, Ma, or E, the area of the mountainous district, which is a quasi-permanent preservation area, around May 9, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (related to verification of areas damaged by forests, etc.);

1. Relevant Article 53 of the Act and Articles 53 subparagraph 1 and 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment concerning facts constituting an offense, and the selection of a fine (see, e.g., Supreme Court Decision 200Du168, Apr. 1

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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