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(영문) 대구지방법원 2020.10.13 2020고정1023
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on October 2019, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, caused B to put earth and sand into the surrounding land of the stock farm site owned by the Defendant in Yongcheon-si, the ground of which is excavated, and damaged standing timber, such as standard tree.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report, each past airline’s dust, and field electric light Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the Defendant recognized the instant crime and reflects the fact that the Defendant committed the instant crime; (c) the Defendant’s damaged land was restored to its original state; (d) the Defendant has no record of criminal punishment for more than 15 years since September 2002; and (e) the Defendant’s health was not good for the aged disabled persons; and (e) the amount of fine prescribed in the summary order is somewhat excessive

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