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(영문) 의정부지방법원 2017.12.07 2017고정1913
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

The defendant is a person engaged in the livestock industry.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Around August 2012, the Defendant converted the use of mountainous districts by cutting down miscellaneous trees from the area of 858 square meters of C forest land in Macheon-si, Incheon Metropolitan City on August 2012, and storing agricultural materials.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Forest information by parcel and land register;

1. The application of statutes to the current status of the site prior to illegal mountainous districts GISD, the site area prior to illegal mountainous districts, and the site area prior to illegal mountainous districts;

1. Article 53 Subparag. 1 and Article 14 Subparag. 1 of the former Mountainous Districts Management Act (wholly amended by Act No. 11352, Feb. 22, 2012); the selection of fines for criminal facts;

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

1. Although the area of a mountainous district exclusively used by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not specify the area of the mountainous district, there are no criminal records of the defendant, part of the area appears to have been restored to its original state, and other punishment as ordered shall be determined by taking into account the details of the crime in this case and the circumstances before and after the crime in this case, the age of the defendant, sexual behavior, environment, etc.

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