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(영문) 의정부지방법원 2020.12.10 2020고정1506
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

A 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 districts specified by Presidential Decree, size, etc.

Nevertheless, the Defendant changed the form and quality of a mountainous district with a size of 180 square meters, without permission for conversion of mountainous district, and a mountainous district with a size of 180 square meters, such as cutting and raising access roads by using a digging hole around September 2018.

As a result, the Defendant changed the form and quality of mountainous districts without permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. An illegal report on the offender's temporary domicile, GISD, illegal site photograph of the mountainous district conversion, and illegal area of the illegal mountainous district;

1. Application of the forestry register and land use planning-related statutes;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include all the facts revealed in the trial process, including the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, and circumstances after the crime, to reduce part of the fines for the summary order. It is so decided as per Disposition.

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