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(영문) 대전지방법원 홍성지원 2017.03.02 2016고정282
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the competent Gu office. However, from April 201, 201, the defendant mobilized a excavation season in the Seocheon-gun B, Chungcheongnam-gu without obtaining permission from the competent authority, and caused damage to a mountainous district of approximately 3,102 square meters in order to dispose of the existing graveyard and its surrounding areas.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes to the forest ledger and forestry map;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the area of a mountainous district exclusively used by the defendant without permission is not small, the degree of damage to the mountainous district is not minor, but the punishment against the defendant is determined as ordered by the order, taking into account his/her initial crime and his/her depth is against the crime, his/her age, character, environment, etc.

It is so decided as per Disposition for the above reasons.

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