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(영문) 인천지방법원 부천지원 2021.02.25 2020고단1000
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 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, the Defendant did not obtain the above permission to convert the mountainous district, and converted the mountainous district into the cutting of standing timber by using heavy equipment, etc., from around August 12, 2019 to around 14, 179 square meters among the 1,179 square meters in Bupyeong-si B ( quasi-contained mountainous district).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes to forest surveys;

1. Article 53 of the relevant Act on criminal facts and Article 53 of the Management of the Mountainous Districts of which punishment is selected: Provided, That Articles 1 and 14 (1) and the selection of fines shall be made;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The forest subject to sentencing under Article 334(1) of the Criminal Procedure Act is located in a prearranged zone for a housing construction project, and the corporation, which operates by the defendant, has obtained approval for a housing construction project plan by which permission for mountainous district diversion was deemed granted by paying alternative forest resources development expenses, etc. after the crime, the fact that there exists only the history of being punished by a fine on one occasion in around 2009, the fact that the fact of the crime is recognized, the age, sex, environment, circumstances after the crime, etc. of the defendant, shall be determined in consideration of all the sentencing conditions shown in the pleadings of this case, such as

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