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(영문) 광주지방법원 해남지원 2015.10.22 2015고정79
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who creates a site for the place of business of solar power generation facilities in Jeonnam Navy C.

Any person who intends to collect earth or stone in a mountainous district shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu.

Nevertheless, on March 2014, the Defendant collected soil and sand equivalent to 811 cubic meters of forest products, by removing miscellaneous trees from the area of 123 square meters in the area of 123 square meters in the area of Maritime E forest owned by Da, which is a competent authority, using one cutter and one dump truck, and moving it to dump truck after printing it to dump truck, which is a forest product, without obtaining permission from the head of Gun, the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. A written review opinion on damaged area;

1. The defendant and his/her defense counsel asserted that he/she had knowledge of the fact that he/she collected earth and rocks, such as the annual satellite photographs, FGIS surveying photographs, field photographs, etc. (the defendant and his/her defense counsel acknowledged the fact that he/she collected earth and rocks as stated in the facts constituting a crime in the judgment, but with consent from the landowner, so he/she should obtain permission separately from the Southern-gun. However, even if the landowner consented, a person who intends to collect earth and rocks in the mountainous district of a forest which is not a state-owned forest should obtain permission from the competent authority pursuant to Article 25(1) of the Management of Mountainous Districts Act, and the defendant's above assertion is merely a mere assertion of

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 3 and 25 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The fact that the Defendant’s collection of earth and stones for sentencing of Article 334(1) of the Criminal Procedure Act does not enter into an agreement with the landowner for the reason of sentencing.

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