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(영문) 대구지방법원 김천지원 2017.08.17 2017고정259
산지관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the competent forest office, such as the head of the relevant forest, for a specified purpose.

Nevertheless, the Defendant, without obtaining permission from the competent authorities, diverted Kimcheon-si B around May 2014, converted the use of mountainous districts into mountainous districts by using excavation devices to create an orchard and installing irrigation facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of an order to recover illegal mountainous district;

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

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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