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(영문) 대전지방법원 논산지원 2018.01.09 2017고단625
산지관리법위반
Text

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

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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, on December 2016, 2016, the Defendant: (a) cut 4,693 square meters of 4,693 square meters in B during Seosan-si, Seosan-si, without obtaining permission from the Administrator of the Forest Administration; and (b) leased the land to convert the use of mountainous districts after creating a dry field.

Summary of Evidence

1. Statement by the defendant in court;

1. Area calculation map, location map, etc.;

1. Application of statutes on site photographs;

1. Article 6 of the Addenda to the Management of the Mountainous Districts (amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); the selection of fines for criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the defendant's mistake, the original restoration, the area of the mountainous district converted without permission, the fact that the defendant has no criminal records of the same kind of crime against the defendant, the age, circumstances leading to the crime, and the circumstances after the crime, etc. of the criminal procedure of the order of provisional payment shall be determined as ordered in consideration of all the sentencing conditions as shown in the argument of the case.

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