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(영문) 의정부지방법원 2013.08.22 2011고정3444
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On June 15, 2010, the Defendant conspired with D and used mountainous districts for purposes other than afforestation, etc., or changed the form and quality of mountainous districts for this purpose without obtaining permission from the Administrator of the Korea Forest Service, and without obtaining permission from the Administrator of the Korea Forest Service in order to embling farm houses in neighboring farmland, the Defendant laid fume, fume, and Mame, which is about 60 meters in length and 6 meters in width, and laid down mountainous districts for the purpose other than afforestation, etc.

Accordingly, the Defendant conspiredd with D to divert mountainous districts without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Statement made by a witness H in the fifth trial records;

1. Statement made by a witness I in the sixth protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police interrogation protocol against D or J;

1. Each police statement of K and L;

1. A written accusation or a report on a business trip;

1. A certified copy of each register, land use plan confirmation, land cadastre, forest land cadastre, a certified copy of cadastral map and forestry map;

1. An installation drawing of a structure, a survey chart of installation volume of a structure, and a photograph of installation of a structure;

1. Map of the location of measurement, measurement result list, and measurement and examination photograph of the banking height;

1. A written petition (No. 61 pages of investigation records);

1. Photographs of illegal damage scene;

1. Application of Acts and subordinate statutes on cadastral map, on-site photograph, satellite photograph (investigative records, No. 147 pages);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1), Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

1. Facts or circumstances acknowledged as evidence prior to the conviction under Article 334(1) of the Criminal Procedure Act, and in particular, the Defendant made a statement at the prosecutor’s office, stating, “The Defendant has given advice by examining the installation place, such as fume, etc. of the instant case, and the situation of progress at the site and in agriculture,” and even according to the Defendant’s above prosecutor’s statement, the Defendant is recognized as participating in the act of

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