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(영문) 광주지방법원 장흥지원 2019.06.13 2019고정17
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 convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on December 2, 2018, the Defendant converted the use of mountainous districts, such as the creation of a site for solar power facilities, into the Gangnam-gun, Jinnam-gun B, and the conversion of mountainous districts into mountainous districts by using c and D forest land, which is a neighboring quasi-preserved mountainous district, without obtaining permission for the conversion of the mountainous district from the Gangnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the survey report on actual conditions, the location map of damaged area, the degree of damaged area, the forest damage photographs, the verification of the place of civil petition-related affairs, the restoration expenses-assessment report, the certified copy of the forestry register and the forestry map, the investigation report (verification of whether preserved mountainous districts

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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;

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