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(영문) 대구지방법원 2018.04.13 2017고정1605
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

Around August 2015, the Defendant excavated approximately KRW 997.61 square meters in mountainous districts as an excavating machine in order to create a cemetery in the forest and field C in Busan Special Metropolitan City, Si around August 2015 without obtaining permission from the competent administrative authority, and converted the use of mountainous districts.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. An order to recover a site before illegal mountainous districts;

1. Application of statutes to apply for approval of design for recovery of land before illegal mountainous districts;

1. Article 53 Subparag. 1 and Article 14 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) where the relevant Act and the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (old age, health as a four-year patient of lung cancer, as a very bad, complete restoration to original state, and considering the fact that there is no criminal history);

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