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(영문) 의정부지방법원 2018.12.06 2018고정1321
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

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc.

The defendant is a person who resides in Gyeonggi-gun Group B, and the damaged area is a state forest under the jurisdiction of the Korea Forest Service and is a law side of the debris dam (construction completion in 2013) installed in the national forest valley.

From August 2013, Defendant 1 used agricultural crops as little as possible from the above damaged area. From August 2015, Defendant 2 cultivated garrising, drilling, etc. using a hodes, etc. in good faith, planted 12 glus in negligence, and filled up materials necessary for cultivation (water tanks, asphalt, fertilizers, flats, etc.).

In addition, cement block was built by piling up cement block in the form of a rail around September 2015, according to the erosion control dam waterway in one arable land, in 2017, cement was built by burning cement for the purpose of irrigation in the arable land, and in the same time, steel stairs are installed adjacent to the erosion control dam.

The Defendant, without permission as above, diverted to mountainous districts one hundred and seventy-one square meters of state forests under the jurisdiction of the Korea Forest Service.

2. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with procedures and methods prescribed by Acts;

The Defendant used and profit from state property without permission by cultivating and installing structures, storing materials, etc. state forests under the jurisdiction of the Korea Forest Service, such as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A business trip report, a survey report on actual conditions, a location map, a survey of the damaged area, a photograph of the current status, and relevant data;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14(1) (unauthorized mountainous districts) of the Management of the relevant Act concerning criminal facts, and Articles 82 and 7(1) (unauthorized use of State property without permission) of the State Property Act;

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