logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.01 2015고정1023
산지관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

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 the type, area, etc. of the mountainous district

1. On November 20, 2014, Defendant A collected earth and sand from the land of Cheongdo-gun, Cheongdo-gun, and D without permission from Cheongdo-gun, Cheongdo-do-gun, and 15 tons dump truck, and collected earth and sand from the land of 123 square meters, and collected earth and sand from the part equivalent to 215 square meters from D, and collected 16 dump truck with 15 tons of 16 dump truck. As above, Defendant C and D cut four dump without permission during the process of collecting earth and sand from the land of Cheongdo-gun and D.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

2. On November 20, 2014, Defendant B collected 15 tons of earth and sand from the part equivalent to 123 square meters of Cheongdo and 15 tons of Cheongdo-gun Land without obtaining permission from the head of Cheongdo-gun in the land of Cheongdo-gun, Cheongdo-gun.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. The actual condition survey report;

1. Details of the calculation of forest damage amount, and report on the actual inspection of damaged standing timber;

1. Forestry map and forestry cadastral book;

1. Application of Acts and subordinate statutes on photographed land;

1. Defendants: Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the Act on the Punishment of Mountainous Districts;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

arrow