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(영문) 대구지방법원 안동지원 2017.11.07 2017고정113
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

A person who intends to temporarily use a mountainous district for the purposes of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest paths, or other similar mountain paths shall report to the head of the relevant forest for the mountainous district of a State forest and to the head of the relevant Si/Gun/Gu for the mountainous district of a forest which is not a national forest.

However, the Defendant created access roads to allow equipment to enter the Defendant’s arable land through the above forest land within approximately 45 square meters from among the forest land owned by the Defendant in Ansan-si, Dong-si, around October 2015. On July 2016, the Defendant did not report to the head of Ansan-dong City Mayor, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (on-site surveys, resident surveys, and additional surveys on site);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of the Mountainous Districts Act concerning the facts constituting an offense (excluding punishment)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is not along the land owned by the Defendant, resulting in the instant crime, and its circumstances may be considered. The degree of the criminal intent and illegality of the instant crime are not so excessive.

The amount of fine as ordered shall be determined in consideration of the defendant's age, environment, motive, means and result of the crime, circumstances after the crime, etc.

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