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(영문) 전주지방법원 정읍지원 2018.02.22 2017고정100
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous district by determining the purposes thereof, and shall divert a mountainous district without obtaining permission therefor.

Nevertheless, at around October 2015, the Defendant ordered D to rent the above land by leasing it, and ordered D to remove files, etc. which are stuffed in the land, and to change the use of mountainous districts, such as blasting soil and rocks in E, etc. Accordingly, D did not obtain permission from the head of the forest office, etc., and around that time, D performed flat work as above at approximately 1,683 square meters of forest land and fields in Jung-Eup Si, Jung-si, and engaged in illegal gathering of soil and rocks.

As a result, the Defendant conspired with D to convert mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and F’s legal statement (the person who made the statement was consistent and specifically stated to the effect that the Defendant instructed the removal of files and the mination work to rent the forest of this case, which is an apartment site, to the effect that he had ordered the Defendant to rent the forest of this case. The Defendant’s assertion that D collected earth and rocks by independently destroying base rocks is recognized as credibility of the above statement because there is no evidence supporting this)

1. On-site survey report, a location map, and a survey map of the GPS;

1. Application of statutes in the protocol of calculating recovery costs in mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act on the facts constituting an offense, and Articles 14 (1) and 30 of the Criminal Act on the Management of the Mountainous Districts of which punishment is selected;

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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