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(영문) 수원지방법원 여주지원 2017.07.17 2017고정150
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 competent authority according to the classification of the types, areas, etc. of the mountainous district by determining the purpose thereof.

Nevertheless, on October 2016, the Defendant, without obtaining permission from the competent administrative authority, mobilized the excavation season, etc. for the purpose of creating farmland in Ischeon-si B, 2016, thereby damaging approximately 1,110 square meters of forest land without permission, and diverted the use of mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A certified copy of a drawing, forestry map, or forest register exclusively for an illegal mountainous district;

1. Field photographs and aerial photographys of illegally damaged mountainous districts;

1. Application of each statute on a written accusation;

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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