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(영문) 의정부지방법원 2018.07.12 2018고정314
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

Punishment of the crime

B is the owner of land C in the ironwon-gun, and the Defendant entered into a contract with B on March 9, 2013, and obtained permission for the development of soil and sand in the name of B around November 6, 2014.

Any person who intends to divert a mountainous district shall obtain permission from the competent authority to divert the mountainous district.

Nevertheless, the Defendant obtained consent from B, from June 2015 to October 2016, set off a size of 2,778 square meters in the area of the said C mountainous district D with the steelwon-gun, which was exempted from the boundary of the said C land that was originally permitted between them.

Accordingly, the defendant, in collusion with B, diverted mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. A survey report on each actual condition;

1. Written agreement on the release of soil and sand, and written permission for development activities (the collection and removal of soil and stone);

1. The application of statutes to the actual measurement of the area damaged by forests, the photographs of areas damaged by forests, and the current status of GPS;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected, Article 30 of the Criminal Act, and selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the total damaged area of this case includes the part where part of damage was committed by B before the defendant participates in the act of additional damage, and the fact that it appears that the restoration was made pursuant to B at present. In addition, the punishment shall be determined by comprehensively taking into account the purpose of the crime in this case and the circumstances before and after the crime in this case, the age of the defendant, sexual behavior, environment, etc.

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