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(영문) 춘천지방법원 속초지원 2019.09.25 2018고단464
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 Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on February 2, 2016, the Defendant converted the use of mountainous districts by changing the form and quality of forest by removing miscellaneous trees and making use of sckes in order to create dry field without obtaining permission from the competent authority in order to create dry field within 1,608 square meters of forest land B in Yangyang-gun, Yangyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the current status of the depth of forest damage, survey result map, photo-verification of the depth of the forest damage, land cadastre, fact-finding survey report on each State property, Crode by year, and airline Acts and subordinate statutes by year;

1. Article 6 of the Addenda to the Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 subparagraph 1 of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016) and the main sentence of Article 14 (1) of the former Management of Mountainous Districts Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize the defendant's mistake, and the defendant has no record of crime in the same kind, the defendant takes measures to restore part of the mountainous district to its original state without permission, and other factors of sentencing such as the area of the mountainous district converted by the defendant without permission.

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