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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. A person who intends to temporarily use a mountainous district in violation of the Mountainous Districts Management Act for purposes of creating work roads shall report thereon to the head of a Si/Gun/Gu;
Nevertheless, on August 2018, the Defendant, without filing a report on temporary use of a mountainous district, made a temporary use of a mountainous district by creating approximately 3 meters wide, approximately 93 meters long, and approximately 279 square meters wide in the mountainous district using an excavated machine.
2. Any person who violates the Public Property and Commodity Management Act shall obtain permission to use administrative property from the head of the local government.
Nevertheless, without obtaining permission for use, the defendant created and used the above work route in the above mountainous district, which is administrative property owned by Gyeongnam-do, at the time and place mentioned in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Investigation reports (verification of the use of mountainous districts);
1. Application of Acts and subordinate statutes on aerial photographys or on-site photographs;
1. Article 55 subparagraph 2 of the relevant Act and Article 15-2 (2) 7 of the Management of Mountainous Districts Act (the occupation of temporarily using mountainous districts), Articles 99 and 6 (1) of the Public Property and Commodity Management Act (the occupation of using administrative property without permission), the selection of fines for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;