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(영문) 대구지방법원 김천지원 2019.05.23 2019고정71
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, in order to create farmland in Kimcheon-si B and C around October 2017, the Defendant, without obtaining permission, performed earth and sand work, such as fluorating slopes by using cluor, 5,220 square meters of preserved mountainous districts, thereby damaging mountainous districts in an amount equivalent to KRW 80,680,000 for forest recovery costs.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (collection of data on permission), classification of damaged mountainous districts, details of calculation of amounts to recover from mountainous districts, and the owner of damaged mountainous districts;

1. Investigation report (on-site verification and calculation of expenses for recovery of mountainous districts), victim location map, victim area map, on-site photograph of damaged area, classification of damaged area, airline margin of damaged area, details of calculation of the amount of restoration of damaged area, and victim's owner;

1. Application of Acts and subordinate statutes to report on investigation (damage area and recovery amount), classification of damaged mountainous districts, details of calculation of amounts recovered from mountainous districts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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