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(영문) 창원지방법원 밀양지원 2017.03.23 2016고정194
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, size, etc. of the mountainous district, and any person who intends to change the form and quality of land shall obtain permission from relevant administrative agencies.

On April 2016, in order to create a path necessary for the Defendant’s entry into a mountainous district owned by Gyeongnam-gun, without obtaining permission from a police agency, the Defendant mobilized a digging machine on a single 108 square meters of forest land in the land adjoining the relevant year, and removed trees and changed the form and quality of land at the same time as converting the use of a mountainous district into a mountainous district.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the Act and subordinate statutes to a survey report and investigation report;

1. Subparagraph 1 of Article 53 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (a change in the form and quality of land without permission) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

favorable circumstances: Completion of restoration works for damaged areas, and beginning crimes;

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