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(영문) 대구지방법원 서부지원 2016.07.29 2016고정531
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to collect earth or stone in mountainous districts in a forest which is not a state forest shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu.

Nevertheless, from around 2013 to April 2016, the Defendant collected soil and stones equivalent to 70 tons of a weight of one ton truck in the mountainous district using a light flag and a dump truck in the mountainous district, without obtaining permission for the number of Maju-gun, in a mountainous district equivalent to 1,193 square meters of land and 430 square meters of land and 367 square meters of land and 1,90 square meters of land owned by B, from around 2013 to around 2016.

As a result, the Defendant collected earth and rocks in forest mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a copy of the official report on detection;

1. Article 53 of the relevant Act on the facts constituting an offense and Articles 53 subparagraph 3 and 25 (1) of the Management of the Mountainous Districts which are the option of 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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