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(영문) 전주지방법원 2016.03.25 2015고정1035
하천법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has obtained permission to occupy and use for the purpose of farming (transfer) with respect to forest land B 1,296 square meters in North Korea, which is a river area.

Any person who intends to occupy and use land or to change the purpose of occupation and use in a river area shall obtain permission from the competent administrative agency.

Nevertheless, on March 10, 2015, the Defendant planted trees in the above forest without obtaining permission from the competent administrative agency, such as spaws and irons, in violation of the purpose of occupation and use, and occupied and used land by planting 212 square meters among the above forest land without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against a violation of the River Act, or instruction;

1. Application of statutes on site photographs;

1. Article 95 of the relevant Act and Articles 95 and 33 (1) of the River Act, the selection of a fine concerning criminal facts, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's wrong recognition of his fault, the part occupied by the defendant against the purpose of occupation and use appears to have been restored to the original state, the defendant has no record of punishment for the same kind of crime, and other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., as stated in the records of this case including the circumstances after the crime, shall be determined as a whole.

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