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(영문) 대전지방법원 천안지원 2018.10.25 2018고정419
산지관리법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

Nevertheless, on September 2017, the Defendant converted the use of mountainous districts to another place, by removing miscellaneous trees located in the same mountainous district from a place where 3,095 square meters of a preserved mountainous district located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, without obtaining permission for conversion of mountainous districts, and by expanding the access roads of earth and sand and natural rocks to another place.

Summary of Evidence

1. Legal statement of the witness D;

1. The actual yellow survey report, location map, on-site photographs of the case, the yellow view map on the actual damage of illegal forests, and aerial photography;

1. Application of the land ledger, a certified copy of the land cadastral map, and Acts and subordinate statutes confirming a land use plan;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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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