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(영문) 대구지방법원상주지원 2020.09.09 2020고단139
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to temporarily use a forest road to create forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall file a report with the Minister of the Korea Forest Service on mountainous districts of state forests, and with the head of a Si/Gun/Gu on mountainous districts of non- state forests.

Nevertheless, the Defendant, without reporting to the competent authority around July 8, 2018 and around December 2019, at the time of permanent residence in quasi-Preservation mountainous district B, created access roads by cutting approximately KRW 2,750 square meters in mountainous district by cutting a 2,750 square meters and cutting it into a flat, thereby temporarily using mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (verification of areas illegally damaged by forests);

1. Article 55 Subparag. 2 and Article 15(2) of the former Management of Mountainous Districts Act (Amended by Act No. 16710, Dec. 3, 2019) on criminal facts and Article 55 Subparag. 2 and Article 15(2) of the former Management of Mountainous Districts Act (Amended by Act No. 16710, Jul. 8, 2018; Act No. 1671, Dec. 3, 2019; Act No. 1485, Jul. 8, 2018; Act No. 1

Selection of Fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the details and size of temporary use of the reason for sentencing, the Defendant’s completion of restitution, and the fact that there is no record of criminal punishment for the same kind of crime, and the conditions of various sentencing as indicated in the present case’s pleadings, shall be determined by comprehensively taking into account the records and the conditions of

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