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(영문) 창원지방법원 거창지원 2017.01.18 2016고정135
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc., and a person who intends to temporarily use the mountainous district by creating forest paths, such as forest roads, work roads, forest products transportation roads, mountain trails, forest trails, and other similar mountain paths, shall file a report thereon with the head of the relevant forest office, etc.

Nevertheless, on March 2016, the Defendant, without reporting to the competent authority and obtaining permission from the competent authority, set up a work site of 1,980 square meters of the above forest in the Gohap-gun B forest in the same area, and temporarily used the mountainous district and converted the mountainous district into farmland by using heavy equipment to cultivate forest products without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 and 15-2 (2) of the Management of the Mountainous Districts that have not been reported) concerning the facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act (a point for converting a mountainous district into an unauthorized mountainous district), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order restores the damaged mountainous district to its original state shall be considered as the favorable circumstances for the defendant.

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