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(영문) 의정부지방법원 2013.05.22 2013고정43
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Management of Mountainous Districts Act, without obtaining permission from the competent administrative agency to convert a mountainous district; around September 2009, after maintaining a forest equivalent to C 1,369 square meters in Namyang-si, Namyang-si, the Defendant installed a field cultivation facility; around around September 2010, he installed a park facility in a forest equivalent to D 240 square meters in a forest with a size of 240 square meters; and around September 2012, the Defendant diverted the use of a mountainous district by creating an access road to a forest equivalent to E

2. Around October 201, the Defendant violated the Creation and Management of Forest Resources Act cut standing timber equivalent to the area of 400 square meters in Namyang-si, Namyang-si, without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the de facto survey report (location map, illegal forest damaged area map, and damaged area photograph);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of fines 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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