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(영문) 청주지방법원 충주지원 2016.12.21 2016고정115
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

In order to change forest form and quality, permission for mountainous district conversion shall be obtained from the Minister of the Korea Forest Service

Nevertheless, in order to create a camping site without permission for conversion of a mountainous district, the Defendant mobilized one digging pool around February 2015, and converted the total of 1,226 square meters of D forest in Chungcheongju, C, and Chungcheongju, which is a mountainous district, into a total of 1,26 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that: (a) the area of a mountainous district exclusively used by the defendant without permission is not significant; and (b) the Defendant appears to have suffered damage from a mountainous district as a result of the mobilization of a excavating machine for conversion of a mountainous district, etc.,

However, in this case, there is no reason to consider the motive of the defendant when the defendant was unable to accurately know the boundaries of the mountainous district, and the defendant performed the restoration work of the mountainous district which was used to pay considerable expenses around January 2016, and accordingly, it seems that the above mountainous district is currently being restored to a considerable portion of the mountainous district. The above sentencing factors are the sentencing factors favorable to the defendant. The defendant's sentence against the defendant shall be determined by considering all the age, character and character, environment, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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