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(영문) 수원지방법원여주지원 2020.08.21 2020고정80
산지관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous district, the type, size, etc. of such mountainous district specified by Presidential Decree, and a person who intends to temporarily use a forest road for the purpose of creating forest paths, such as forest roads, work roads, forest product transportation roads, mountain trails, and forest paths similar thereto, or other forest paths similar thereto shall file a report with the Minister of the Korea Forest Service on mountainous district of state forests and with the

Nevertheless, around May 2016, the Defendant damaged and damaged mountainous districts without obtaining permission for mountainous district conversion from 1,975 square meters among forest land B in Gyeyang-gun, and created a book with a mountainous district without filing a report on temporary use of mountainous district within 390 square meters among the above forest land and temporarily used mountainous districts.

In addition, around May 2018, the Defendant damaged the mountainous district and temporarily used the mountainous district without obtaining permission for mountainous district conversion from the Yangyang-gun B forest, C forest, D forest, and E forest which are 808 square meters. The Defendant created the mountainous district as a mountain fence without filing a report thereon from the 1,053 square meters of the said forest.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on criminal branch;

1. Attachment of all the registered matters;

1. Application of Acts and subordinate statutes on investigation report (verification of payment guarantee documents for recovery), notification on permission for mountainous district conversion, and guarantee insurance policy;

1. Subparagraph 1 of Article 53, Article 14 (1), subparagraph 2 of Article 55, and Article 15-2 (2) 7 of the Management of Mountainous Districts Act for criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the area of the mountainous district, which committed an illegal act on the grounds of sentencing of Article 334(1) of the provisional payment order, shall be considered as unfavorable circumstances, such as the time being dead and reflect, and efforts

The sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, and environment.

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