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(영문) 대전지방법원 홍성지원 2016.05.19 2016고정43
산지관리법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

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, as prescribed by Presidential Decree.

Nevertheless, the Defendant cut the above forest of 340 square meters by using heavy equipment without obtaining permission from the competent authority in the Yan-si, Yannam-si, 2009, and created access to the site and access roads.

Accordingly, the defendant diverted a mountainous district without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The application of Acts and subordinate statutes to the forest register, location map and forestry map, aerial photography, practical survey photographer, and the results of GPS survey;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant recognized the instant crime and reflected it, the fact that the Defendant endeavored to restore the mountainous district, and the Defendant’s age, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc. are determined as ordered by the Criminal Procedure Act.

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