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(영문) 수원지방법원 여주지원 2017.06.13 2017고단201
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant shall be the chairperson of the Korea Forest Association, who is the owner of the C Forest in Leecheon-si.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on September 2015, the Defendant, on September 3, 2015, removed standing timber and miscellaneous grass without obtaining permission to convert mountainous districts with respect to approximately 3,050 square meters of C Forest land 38,128 square meters in Echeon-si, Leecheon-si, and made a flat work using a digging hole to secure mountain paths and access roads.

Accordingly, the defendant diverted mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes, such as a net map of the current status of illegal mountainous districts (16 times a moment), on-site photographs of areas where illegal mountainous districts are damaged (27 times a moment);

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

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

1. The Defendant committed the instant crime again despite the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on November 6, 2013, when he/she had been punished by a fine due to a violation of the Management of Mountainous Districts Act, etc. on November 6, 2013, and the fact that the area of diversion of mountainous districts was not significant without permission is disadvantageous to the Defendant.

However, considering the fact that the restoration of damaged mountainous district was completed, the fact that the defendant was committed at the time of and against the commission of the crime, and that there was no record of the punishment heavier than the fine, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined as ordered by taking into comprehensive account all the conditions of the punishment, such as the defendant's age, sex, environment, motive and circumstance after the crime, etc.

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