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(영문) 의정부지방법원 2020.11.19 2020고정1467
산지관리법위반
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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, from June 3, 2017 to August 18, 2020, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, etc., to convert a mountainous district into a size of 100 square meters in Yangju-si B, which is a quasi-preserved mountainous district, and operated a restaurant and converted the use of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Current status photographs (B);

1. Application of the B forestry map copy, B forestry book for both weeks, confirmation of land use plan, and B copy of the register for both weeks; and

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. In light of the favorable circumstances such as the recognition of the facts charged in the instant case and the violation of his mistake, the Defendant appears to have completed most part of the restoration to the mountainous district of this case, and the Defendant has no criminal record due to the same kind of crime and no record of criminal punishment exceeding the fine, the punishment of the summary order against the Defendant is somewhat excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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