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(영문) 창원지방법원 진주지원 2019.05.09 2018고단1648
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 Minister of the Korea Forest Service and other competent authorities in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to temporarily use a mountainous district in a non-state forest shall report such

From early April 2017 to September 2017, the Defendant opened an access road to a mountainous district and created a housing site by cutting and embling a mountainous district using heavy equipment, such as a excavated machine, without obtaining permission for the conversion of a mountainous district, in a forest area of 5,168 square meters located in the area of 5,00 square meters, such as Cheongnam-gun, C, D, E, and F, Gyeongnam-do, and the Defendant installed an access road and temporarily used the mountainous district in a forest area of 246 square meters in total of 2,00 square meters of land, such as Gyeongnam-do, Busan-do, and E, without filing a report on temporary use.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes, such as the ledger of photographs of damaged land in illegal mountainous districts, map of damaged land in illegal mountainous districts, existing permitted area map, actual survey report, photographer, certified copy of forestry map, forest land use plan confirmation certificate

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act (the occupation of diversion of a mountainous district without a force and the selection of fines), subparagraph 2 of Article 55 and the former part of Article 15-2 (2) of the Mountainous Districts Management Act (the occupation of temporary use of a mountainous district without a force and the selection of fines)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act under the grounds of the provisional payment order is based on the following circumstances and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of this case.

Conditions disadvantageous: The fact that the area of the damaged mountainous district is not narrow: The fact that the defendant makes a confession and the fact that the restoration of the damaged mountainous district is completed;

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