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(영문) 대전지방법원 서산지원 2017.10.20 2017고단711
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

1. On April 2014, the Defendant did not obtain permission for the diversion of mountainous districts in the Jinjin market, and on April 1, 2014, the Defendant used a mountainous district to damage standing timber by using scrailss, etc. to create dry field on the land of a Party in a square of square of square of square of square of square of square of square of square of square of square of square of square of square of square of square of square of 1,224 meters and the area of the land D, which is 1,275 meters in total.

2. The Defendant did not obtain permission to divert the mountainous district of the Jinjin market, and, around January 2017, the Defendant used sckes, etc. to divert the mountainous district to damage standing timber by using sckes, etc. on the same ground as that set forth in paragraph 1, and made the conversion of standing timber to mountainous district on the ground level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, aerial photographys, photographs of the current status of illegal mountainous districts, survey maps of the current status, land register, and written confirmation of land use plans;

1. Relevant legal provisions and Articles 53 subparag. 1 and 14 subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the selection of fines (i.e., the size of exclusive use area; the size of exclusive use area; the amount paid after concluding a contract for restoration to original state with a forestry cooperative at the time of Jin-si; the same kind of criminal record or fine; the fact that there is no history of punishment exceeding the same type of punishment or fine; and the fact that there is no reflective history, etc.

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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