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(영문) 청주지방법원 제천지원 2017.03.30 2017고정11
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 July 2013, the Defendant used 3,247 square meters in the area to convert the area into mountainous districts without obtaining permission from the competent authorities, such as Chocheon-si, etc., by cutting off soil and removing trees by using digging machines, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of investigation results;

1. The application of a location map, forest damage survey result map, Internet compiled map, aerial photography (2012, 2016), calculation of an area excluded from permission for conversion of mountainous districts, and application of statutes on site photographs;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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:

the original restoration of the leased mountainous district, which has been led to confessions and reflects;

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