logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.10.19 2017고정7
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 mountainous district, such as creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest paths, and similar mountain paths, shall report to the Mayor.

Nevertheless, on April 2015, the Defendant temporarily used mountainous districts, such as creating a forest path of 146 square meters within 1,000 square meters in Sincheon-si, B around 2015 without reporting the temporary use of mountainous districts.

Summary of Evidence

1. Each legal statement of witness D, E, F, and I;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. A written accusation;

1. A survey report on actual conditions;

1. The location map and forestry map, and flightman;

1. The results of each GPS survey;

1. Statement for calculation of damages;

1. Application of each photograph-related statute;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 (2) 7 and 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not create forest paths at the time and place specified in the facts charged (hereinafter “forest paths in this case”).

2. Determination

A. According to the evidence of the judgment, the following facts are recognized:

1) On April 24, 2015, public official E, who conducted a survey on the instant site, was trying to expand the paths that the Defendant had existed in the field at the time of the investigation. In addition, the number of people who collected trees, etc. at the same time, and discovered a trace that the Defendant performed the act of disposing of them with heavy equipment, by gathering trees, etc. at the same time.

was stated.

Even in the fact-finding survey report, the forest length is created and the photographs of work are attached.

2) The Defendant was in the possession of another person on March 2015.

Four city expenses were moved to another construction project. Around that time, the place where the city expenses were in need of appearance and there is a few divided areas by using scrakes as a refusal to do so.

was stated.

3) Although it is difficult for community residents, including F, to know at any time, the width of forest paths was widened than before times.

was stated.

4) The Defendant.

arrow