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(영문) 청주지방법원 제천지원 2018.07.05 2017고정112
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

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, on December 2, 2010, the Defendant converted the use of mountainous districts, such as digging up soil and piling up stone with excavation cutting machines, etc. without obtaining permission from the competent authorities, and converted the use of mountainous districts into mountainous districts in a manner of raising 1,948 square meters in total in order to create a twit field at the same place as at the end of September 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A location map, on-site photograph, satellite photograph, global map, and current status survey map;

1. Application of Acts and subordinate statutes to standards for calculating recovery expenses, approval for recovery plans and review reports;

1. Articles 53 subparag. 1 and 14(1) of the Management of the relevant Mountainous Districts Act concerning criminal facts, and Article 1(2) of the Criminal Act (the Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and accordingly, on June 3, 2017, each of the instant offenses was committed. Since each of the instant offenses was committed before, or the statutory penalty of the new law is more than the statutory penalty of the former Act, the new law is applied and the selection of fines is made pursuant to Article 1(2) of the Criminal Act.

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Management of Mountainous Districts due to the diversion of mountainous districts around September 2013, with heavy penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The area of the diversion of the mountainous district is wide.

It was not restored to the original state.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of the same crime.

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