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(영문) 대전지방법원 2017.02.17 2016고단3401
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Although a person who intends to temporarily use a mountainous district for the purpose of building a forest road in a mountainous district has reported to the head of the competent Si/Gun/Gu, the Defendant, from around September 201 to the end of April 2012, and from January 2016 to February 2016, the Defendant opened a forest road without reporting the temporary use of a mountainous district at a site of 8,733 square meters in a lot outside the Geumsan-gun, Chungcheongnam-gun, and from January 201 to February 1, 2016, and caused forest damage to KRW 117,371,520 on the basis of the calculation of recovery expenses in a mountainous district

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report;

1. A certified copy of the forest ledger and forestry map;

1. Application of statutes on the calculation of damages incurred by illegal mountainous districts;

1. Article 55 subparagraph 2 of the relevant Act and the former part of Article 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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