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(영문) 대전지방법원 공주지원 2016.02.12 2015고단252
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to install a work road in a mountainous district or temporarily use a mountainous district for the purpose of cultivating a mountainball shall report it to the competent authority.

Defendant did not report temporary use of a mountainous district to the competent authority;

A. A. Around April 9, 2015, a mountainous district would be destroyed in a manner that would amount to KRW 32,350,000 for restoration expenses by clearing a mountainous district of 1,934 square meters with an excavated machine using the excavated machine in a mountainous district in a Si of public land around April 9, 2015; and by cultivating mountain products, such as dives and divers, and cultivating mountain products

(b) From May 26, 2015 to the same year;

6. By April 1, 200, in order to facilitate work, such as installing boundary fences on one’s own land in mountainous districts D, C, and E of Jeju Island, mountainous districts were damaged by opening a work channel of a width of 3 meters, length of 960 meters, total area of 2,878 square meters, thereby impairing mountainous districts equivalent to 48,141,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. A contract and a business plan;

1. Land register;

1. On-site photographs;

1. Statement for calculating the amount of forest damage;

1. References to factual inquiries;

1. Application of Acts and subordinate statutes to an investigation report (on-site verification) and an investigation report;

1. Article 55 subparagraph 2 of the Act and Article 15-2 subparagraph 4 of the former part of Article 15-2 subparagraph 2 of the Act on the Management of Mountainous Districts for Criminal Facts and Article 15-2 subparagraph 4 of the Act on the Management of Mountainous Districts for the Selection of Fines for Mountainous Districts (the occupation of cultivating wild vegetables, etc. without reporting the temporary use of mountainous districts, the selection of fines, and the defendant and his defense counsel claim that, in the case of 1,934 cubic meters of public capital where the defendant cultivated wild vegetables, etc., the defendant already lost the shape of mountainous districts before the crime

However, whether a mountainous district is a mountainous district under the Mountainous Districts Management Act shall be determined according to the actual phenomenon of the relevant land regardless of the items in the public register, and it has lost its phenomenon as a mountainous district.

Even if the lost situation is temporary and it is possible to restore the land to its original state, the land shall be deemed mountainous district (Supreme Court Decision 201Do1979 Decided November 29, 2012), and according to the evidence of the ruling, the above land shall be deemed mountainous district.

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