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(영문) 의정부지방법원 고양지원 2017.07.21 2017고정627
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district to develop a forest road, work road, etc. shall report it to the competent authority, and if he/she receives an order to reinstate a mountainous district, the change in the form and quality of which has been changed from the competent authority by temporarily using the mountainous district without filing such report, the actor shall comply therewith.

1. On April 16, 2016, the Defendant violated an order to restore a mountainous district, the alteration of form and quality of which was changed due to the failure of a mountainous district restoration order, even though he/she received an order to restore each mountainous district around April 18, 2016 and around November 28, 2016, by failing to report the temporary use of a mountainous district within 2,189 square meters among the C Forest and Forest in Pakistan, which was located in the city of Pakistan, without any justifiable reason.

2. Around November 2016, the Defendant temporarily used a mountainous district of which total is 75 square meters by packaging concrete on the part of the work performed without reporting to the competent authority and maintaining the work route on the part of the work performed without reporting to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation data (including a location map and field photograph);

1. Application of Acts and subordinate statutes to command investigation (including attached documents);

1. Article 55 subparagraph 10 of the relevant Act and Articles 44 (1) of the Management of the Mountainous Districts which are subject to the option of punishment; Article 55 subparagraph 2 of the Mountainous Districts Management Act; Articles 55 and 15-2 (2) of the Mountainous Districts Management Act (the occupation of temporary use of unregistered mountainous districts); and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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