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(영문) 전주지방법원군산지원 2020.08.12 2020고정168
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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

On June 7, 2012, the Defendant reported temporary use of mountainous districts for the purpose of cultivating ornamental trees in mountainous districts owned by B, and used ornamental trees as ornamental trees, and received a notice of approval for completion of mountainous district restoration from the Gasan-si on June 7, 2016. On March 2017, the Defendant damaged mountainous districts with the size of 2,70 square meters in size and 16,315,000 in size of mountainous districts illegally using a bitr owned by himself/herself for the purpose of using the mountainous district approved for completion of restoration works as farmland and thereby created farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the actual survey report, the second actual survey report, the forestry map and the forest register, the land use planning certificate, the copy of the land register, and the second investigation 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order [The amount claimed for a summary order is appropriate in light of all the circumstances before and after the crime, including the details of the crime, damage area, and the failure to implement the restoration to the original state, etc.]

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