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(영문) 대구지방법원 서부지원 2017.12.05 2017고정484
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine the purpose thereof.

Nevertheless, on December 2, 2016, the Defendant: (a) damaged active trees and approximately 7 glutins on an average of 12 meters of 12 meters of pine trees by using a refrigerator without obtaining permission from the competent authorities; and (b) diverted a mountainous district of approximately 2,175 square meters of land (a total of KRW 10,686,000,000) by installing access roads, farmland creation, and plastic houses; and (c) diverted the mountainous district of approximately 2,175 square meters of land (a total of damage amount).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (including photographs);

1. Application of certified copies of forest register and confirmation documents for land use plan;

1. Article 6 of the Addenda to the Management of the Mountainous Districts (amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); the selection of fines for criminal facts;

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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