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(영문) 의정부지방법원 고양지원 2014.02.07 2013고정997
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person shall obtain permission from the Minister of the Korea Forest Service to convert a forest into a forest, setting the purposes thereof, as prescribed by Presidential Decree.

Nevertheless, on May 2012, the Defendant, without obtaining permission for mountainous district conversion, damaged the mountainous district and diverted it to 1,434 square meters of forest land in Ilju-si, Jeonju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. Guide map and guidance map;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning criminal facts and selection of fines;

1. Articles 70 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 that the defendant has caused this case upon the request or instruction of the owner. Since then, the defendant cannot proceed with the work of restoring the original state by himself due to the termination of the contract related to the above construction site (if the restoration is not performed, it is deemed that the failure of restoration is due to the failure of the owner from the side of the owner) and other circumstances shown in the public trial and the record, the punishment is determined

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