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(영문) 울산지방법원 2021.01.13 2020고정768
산지관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B in Kim Sea-si, and the defendant corporation B is a corporation established for the purpose of real estate sales and real estate rental business.

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

Nevertheless, on November 2016, the Defendant, in Ulsan-gun, E, and F, a quasi-permanent conservation mountainous district for police officers, was engaged in construction works in a neighboring land permitted for diversion of a mountainous district, and was placed without permission for diversion of a mountainous district in the same mountainous district without permission for diversion of a mountainous district, by removing miscellaneous trees by using 2 excavationers in the same mountainous district without permission for diversion of a mountainous district, and cutting off a mountainous district with a size equivalent to approximately 271 square meters in total.

2. Defendant B, a representative of the Defendant, committed an act of violation as described in paragraph (1) with respect to the business of the corporation.

Summary of Evidence

1. Application of each of the Defendants’ respective statutory statements to the district map of a site prior to the illegal mountainous district, inquiry of mountainous district information, confirmation of land excess plan, and application of statutes on field photo-book of permitted documents

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

(b) Defendant B: Articles 56 and 53 subparag. 1 and the main sentence of Article 14(1) of the Mountainous Districts Management Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The amount of fines for a summary order with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act shall not be deemed to be excessive that the Defendants’ mountainous district was determined by comprehensively taking into account all the conditions for sentencing, including the methods of and details about the diversion of the mountainous district, the circumstances before and after the instant crime, the circumstances before and after the instant crime, the Defendant’s criminal records, and the balance between sentencing with similar cases, and there is no change of circumstances that may be considered in sentencing after the notification of the summary order, and therefore, the amount of fines as prescribed in the

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