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(영문) 울산지방법원 2016.06.03 2015고정1383
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs a distribution business under the name of D, and the victim E is a third degree of punishment.

1. A person who intends to engage in development activities or divert a mountainous district by violating the National Land Planning and Utilization Act, violation of the Management of Mountainous Districts Act, or damage property shall obtain permission from the head of the competent administrative agency;

Nevertheless, the Defendant, at the beginning of April 2015 from around April 24, 2015 to around April 24, 2015, performed a construction work to create parents’ graves in his own forest and forest under the name of Ulsan-gun F, Ulsan-gun, and did not obtain permission from the competent authority for a portion of approximately 100 meters from the victim’s forest in G to his own land, without obtaining permission from the competent authority for a portion of approximately 100 meters from the victim’s forest in G, and used a forest road to divert approximately 60 gs from the market price and the number of trees owned by the victim, including those that destroyed approximately 60 gs from the victim’s forest and damaged the market price and the number of trees owned by the victim.

2. The Defendant violated the Act on Funeral Services, Etc., even though he/she was unable to establish a cemetery because the relevant land falls under a natural green area not in a green zone for the preservation of the green area, he/she created a cemetery in violation of this provision and created two graves.

Summary of Evidence

1. Statement of the accused in the first trial record (other parts except the point of damage to property);

1. Statements made by witnesses E, H and I in the second public trial records;

1. On-site photographs, photographs to create graves, and photographs of access roads;

1. A certificate of land use plan;

1. Each investigation report and actual survey report (the defense counsel stated in the facts charged in this case that the act of damaging property is an act that absorbs the act of damaging property into an unauthorized mountainous district under the Mountainous Districts Management Act and without permission under the National Land Utilization Act, and that such act cannot be punished separately.

However, “Influent accompanying act” is an absorption relation, which is a form of a law landscape agreement, and is logical if an actor commits a specific crime.

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