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(영문) 제주지방법원 2020.10.23 2020고정372
산지관리법위반
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

On November 26, 2019, the Defendant, on the grounds that the access road to a newly built warehouse located in the area of 500 square meters of land for C is narrow in Jeju, a mountainous district, other than a preserved mountainous district, around November 26, 2019, converted the form and quality of land to the extent of KRW 684,00,000 for restoration expenses, without obtaining permission from the competent authority, on the grounds that the access road to a newly built warehouse located in the area of 50 square meters of land for a mountainous district is narrow.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each investigation report (on-site confirmation, etc. / receipt of the details of calculation of damages) on police preparation and images (including attached documents);

1. Entry of illegal mountainous district damage and danger-finding forests in preparation of the Jeju market;

1. Application of each of the visual Acts and subordinate statutes to field photographs;

1. Relevant Article of facts constituting an offense, and the latter part of the main sentence of Article 53 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) thereof;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【Scope of the punishment to be imposed by law】 The fine of KRW 50,000,000,000,000, which is a fine of KRW 2,000,000,000,000, which was issued by the summary order. Thus, considering the following: (a) the defendant's mistake appears to be recognized and divided; (b) the defendant restored the damaged forest; (c) the defendant restored the damaged forest; and (d) the defendant has no criminal record heavier than the fine, the amount of the fine already notified by the summary order would be somewhat excessive; and (d) the defendant shall be re-determined to

It is so decided as per Disposition for the above reasons.

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