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(영문) 대구지방법원 상주지원 2019.05.21 2018고정114
산지관리법위반
Text

Defendant shall be punished by a fine of five million won.

Where the defendant does not pay the above fine, only 10 days shall be the day.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authorities.

Nevertheless, the Defendant newly built 2 Dongs for the purpose of using them as a flag room between April 2012 and May 2012 at the time of resident stay, and installed a cream for the purpose of escape around 2015 and converted the mountainous district unlawfully without obtaining permission from the competent authorities.

As a result, the Defendant illegally converted the size of B preserved mountainous district into 81 square meters at the time of residence and caused forest damage equivalent to KRW 1,251,00 as expenses for recovery of mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the calculation of forest recovery expenses;

1. Application of field photographs and aerial photography statutes;

1. Article 53 subparag. 1 of the relevant Act on the Management of Mountainous Districts and the main sentence of Article 14(1) of the Mountainous Districts Act on criminal facts (the occupation of unauthorized Preservation of Mountainous Districts) was amended by Act No. 14361, Dec. 2, 2016; and was enforced on June 3, 2017. The instant crime was committed by the previous act or the statutory punishment of new law is smaller than the statutory punishment of the former Act, and thus, the new Act is applied pursuant to Article 1(2) of the Criminal Act.

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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