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(영문) 청주지방법원 2018.12.06 2018고정654
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 for any other purpose shall obtain permission to divert the mountainous district from the competent administrative agency by determining the area and purpose thereof.

Nevertheless, the Defendant did not obtain permission to convert mountainous districts from July 2017 to the end of January 2018, and caused damage to forests of approximately KRW 30,110,000 by destroying and embling, etc., a non-computer-based bitle, the purpose of opening a grave or building farmland, using a bitle, thereby damaging the forests of approximately KRW 5,758 square meters, which are the bitle-based computerized bitle, for the purpose of opening a grave or building farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report;

1. Location map and aerial photography;

1. On-site photographs;

1. Additional investigation report:

1. Questions and replies to inquiries pertaining to mountain law;

1. Application of statutes governing classification of use of mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

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

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