logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.23 2018고단3621
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 convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc., but from October 2016 to December 2017, the Defendant converted a mountainous district without permission by creating a site equivalent to 3,639 square meters, while constructing a new house in the Chungcheongnam-gun, Geumsan-gun, C, D, E, E, F, and G forest, and without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the suspect examination of the accused;

1. Report, location map, and area map of the offender;

1. On-site photographs;

1. Particulars of calculation of damages;

1. A copy of the public notice of the standards for calculation of recovery expenses in 2018;

1. A summary of forest information;

1. Determination as to the defendant's assertion of each investigation report

1. The gist of the assertion is that the Defendant has not diverted the mountainous district without permission as stated in the facts charged.

2. According to the evidence revealed earlier, the purpose of Article 2 subparag. 2 of the Mountainous Districts Management Act is to create a housing site by means of cutting and other construction work on the part of mountainous district as stated in the facts charged without permission from October 2016 to October 2017 after the receipt of the report on the construction of the JJ in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

(a) Afforestation, forest tending, or felling and extracting standing timber;

(b) Gathering of forest products, such as earth and stone;

(c) Cultivating forest products prescribed by Presidential Decree (excluding where it is accompanied with changes in the form and quality of at least 50 centimeters in height and depth from the ground surface through raising or cutting of earth and where it is accompanied with installation

(d) It is sufficiently recognized that a mountainous district has been used for purposes other than temporarily using it, or that the form and quality of the mountainous district have been altered, and that there was no damage to the forest, such as felling standing timber, etc. at the

Therefore, the defendant's assertion is not accepted.

Application of Statutes

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

arrow