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(영문) 대구지방법원 2020.06.10 2020고정195
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 temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report thereon to the head of a Si/Gun/Gu.

Nevertheless, on January 2019, the Defendant temporarily used a mountainous district equivalent to approximately KRW 585 square meters in a way that expands existing mountain paths by cutting, filling, and mination work without reporting in Gyeongsan-si B, C, and D, which is a quasi-preserved mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual yellow survey report, location map, and aerial photography comparison;

1. Application of statutes on site photographs;

1. Article 55 subparagraph 2 of the Mountainous Districts Management Act and Article 15-2 (2) 7 of the former Mountainous Districts Management Act (Amended by Act No. 16710, Dec. 3, 2019);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order extended a narrow farm road by purchasing part of adjoining land inevitably and expanding a narrow farm road on the wind that can pass smoothly. Therefore, the provisional payment order is not so high, and it is prepared to restore the original state at the request of the competent authority, and the amount of the fine shall be reduced drastically by taking into account the defendant's age and economic circumstances into account. It is so decided as per Disposition on the grounds above.

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