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(영문) 대구지방법원 2018.09.14 2018고정374
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district in a forest shall obtain permission from the head of the forest headquarters, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree for the use thereof. However, on November 2017, the Defendant suffered forest damage of KRW 18,554,00 as of the cost of restoring forest damage by changing the form and quality of the forest for the purpose of creating access roads adjacent to the temple, and creating a site for the forest, using a excavation hole owned by the Defendant without permission from the head of the forest headquarters, Cheongdo-gun, Cheongdo-gun, the forest owned by B, around November 2017, by expanding the access road of KRW 1,831,00, based on the cost of restoring forest damage by changing the form and quality of the forest and causing forest damage to KRW 1,422 square meters in total, KRW 30,385,00 for forest damage.

Summary of Evidence

1. The defendant's writing;

1. E testimony;

1. Application of Acts and subordinate statutes to standards for calculation of recovery expenses for year 2017, such as a survey report, location map, the calendar map of the area where a forest is damaged, photograph, or forest damaged area by lot, details of calculation of the amount of forest damage, forestry map, forest land map, forest land register, and forest ledger

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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