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(영문) 대전지방법원 2020.10.16 2020고정854
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 temporarily use a forest for the purpose of cultivating ornamental forest plants, such as wild vegetables, medicinal herbss, medicinal herbss, landscape trees, and wild flowerss, shall report to the head of a local government on mountainous districts in forests which are not state forests.

Nevertheless, the Defendant, without reporting to the Mayor of Sejong Special Self-Governing City on October 2019, diverted the use of forests in Sejong City B, C, D, E, F, and G for the purpose of cultivating wild edible products, medicinal herbss, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to Acts and subordinate statutes prior to mountainous districts for exclusive use in images, written reports on criminal offenders, actual conditions investigation reports, investigation reports, direction of investigation, calculation of forest victims, investigation reports (verification of completion of forest recovery, applicable provisions of Acts and subordinate statutes, etc.) and written evidence attached thereto and photographs

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act and the former part of Article 15-2 (2) 4 of the Management of Mountainous Districts Act and selection of fines for criminal facts;

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

1. Summary order and prosecution’s opinion on the reason of sentencing under Article 334(1) of the Criminal Procedure Act: Determination of a fine of KRW 4,000,000: In light of the size of converted mountainous district of KRW 3,00,000, the Defendant’s disadvantage is recognized, such as the circumstance that the liability for the crime is not light.

However, the defendant's error is divided in depth, the possibility of relatively less criticism is low compared to the violation of the permitted matters, the entire recovery of the converted mountainous district has been completed, the elderly health status is not good, so the farming is expected to be limited, and there is no criminal power for a long time.

Therefore, the defendant is sentenced to a more minor fine than a summary order.

In addition, various circumstances, such as the age, character and conduct, environment, background of crimes, circumstances after crimes, criminal records, etc. of the defendant, which are the conditions for sentencing as shown in the proceedings of the instant case, shall be determined as ordered by the examination.

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