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(영문) 대전지방법원 서산지원 2017.11.02 2017고단768
산지관리법위반
Text

1. The sentence against the accused shall be 5,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, without obtaining permission from the Sil Jin market, the defendant from February 2017 to the same year.

3. From the end of 18.18, in order to create a clan cemetery in the aggregate of 1,289 square meters of the size of the time-si B, C, and D, felling standing trees and making the ground smooth by using the digging gear, etc. to convert the mountainous district into a mountainous district.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E self-written statement;

1. A survey report on the actual condition and each aerial photography, on-site photographs, the location map of illegal mountainous districts, and on-site survey drawings;

1. Application of statutes concerning land register, a certified copy of cadastral map, a land use plan confirmation, and permission for development activities;

1. Relevant legal provisions concerning facts constituting an offense, Articles 53 subparagraph 1 and 14 (1) of the Management of the Mountainous Districts of which punishment is selected, and the selection of a fine (see, e.g., Supreme Court Decision 201Da1448

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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