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(영문) 광주지방법원 목포지원 2016.08.25 2016고정184
산지관리법위반
Text

Defendant shall be punished by a fine of five 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, the Defendant, without obtaining permission from the competent authority, converted the use of a digging machine from September 4, 2015 to June 6, 2015 to create a total size of 2,488 square meters in the said mountainous district by using a cutter in a lot of mountainous district outside Yong-gun B, Nam-gun, and one lot of mountainous district for three days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, location map, survey status of forest damaged areas, register of forest land, certified copy of register, etc.;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense, and Articles 53 and 14 (1) of the Management of the Mountainous Districts of which punishment is selected, and 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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