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(영문) 대구지방법원 경주지원 2018.05.02 2017고단844
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and shall not divert the mountainous district without obtaining permission to divert

Nevertheless, on December 2, 2013, the Defendant: (a) around 388 square meters of farmland in the area of the 388 square meters of the Do Forest, Sejong-si, which is a preserved mountainous district; (b) changed the form and quality of the mountainous district by using the digging hole without obtaining permission for mountainous district conversion; and (c) establishing a place where concrete was installed after building the concrete; and (d) around August 2017, the Defendant installed a 367 square meters of mountainous district in the area of E and F forest, which is a preserved mountainous district adjacent to the above Do Forest, and installed a H beam facility and changed the form and quality of the mountainous district.

As a result, the defendant converted a mountainous district without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of an investigation report (including a report on the occurrence of a crime and on-site investigation), an investigation report (including submission of the results of a survey), an investigation report (such as an aerial photography and other data search), an interview photograph, an investigation report (in-house search), an investigation report (in-house search), and a photograph of the current status of forests before works, and a project drawings;

1. One copy of a report on criminal land, a map of illegal land, and a building location, four copies of illegal land, an average gradient survey, one copy of a report on press media, one copy of a report on the amount of damage, one copy of a certified copy of a register, one copy of a forest land use plan, and one copy of a forest land use plan, and two copies of a report on the land use plan, respectively;

1. Article 53 Subparag. 1 and Article 14(1) main sentence of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 53 Subparag. 1 and 14(1) main sentence of the Mountainous Districts Management Act; Articles 53 Subparag. 1 and 14(1) main sentence of the Mountainous Districts Management Act; and selection of fines, respectively, concerning criminal facts;

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

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

1. The order of provisional payment;

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