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(영문) 대구지방법원 경주지원 2017.08.09 2017고단245
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. by setting the purpose thereof.

Nevertheless, from June 2016 to November 201, 2016, the Defendant created a solar power plant site for the extraction of standing timber by using 106 cubic meters from the 3,116 cubic meters of the land in racing-si, which is located within 3,16 cubic meters of the land in racing-si, and using 106 cubic meters of the land in the 3,116 cubic meters of the land in racing-si, and using 10 cubic meters of the 106 cubic meters of the land in the 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of calculation of the amount of damage on illegal forest damaged land, the site that has been destroyed by illegal forest damaged land, the entire certificate of registered matters, the ledger of forest land, forestry map, forestry map, land use planning confirmation source, the enemy map of illegal forest damaged land, gradient analysis map, permission for development activities, notification of development activities, certificate of permission for mountainous district diversion, consultation on mountainous district diversion, and application of each Act

1. Article 53 Subparag. 1 and the main text of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) (amended by Act No. 14361, Dec. 2, 2016) regarding criminal facts, the size of the mountainous district exclusively used by the Defendant without permission is relatively wide, but the Defendant confessions; the Defendant does not seem to have accrued special benefits due to the instant case as a person in charge of the construction site of solar power plants; the completion of restoration work is deemed to have been completed; and there is no criminal history as ordered in the Disposition)

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

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

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