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(영문) 광주지방법원 순천지원 2014.08.06 2014고정214
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district shall obtain permission or report from the Minister of the Korea Forest Service, specifying its use;

Nevertheless, on August 2013, without obtaining permission from the Minister of the Korea Forest Service, the Defendant converted the use of mountainous districts to build a warehouse building by making manufacturers E in approximately 80 square meters of the Mad Forest (hereinafter “instant forest”) around 2013.

2. Around September 2, 2013 and around October 24, 2010, the Defendant failed to comply with the order, without justifiable grounds, to construct charnel facilities and warehouses in the above D without permission or reporting, and restore the unlawfully used mountainous districts and remove facilities.

Accordingly, the defendant violated the order to remove facilities or restore mountainous districts in the net tent market.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. Report on results of field surveys:

1. Order to recover illegal mountainous district converted;

1. Order to relocate illegal charnel facilities;

1. An order to recover illegal mountainous district converted;

1. Application of Acts and subordinate statutes to know violations of the Management of Mountainous Districts Act;

1. Article 53 subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act (the fact that a mountainous district is diverted without obtaining permission), Article 55 subparagraph 10 of the Management of Mountainous Districts Act, Article 44 (1) of the Management of Mountainous Districts Act (the fact that a removal order or restoration order is violated),

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion;

A. As to the facts constituting the crime of Paragraph 1 of the holding, the form and quality of the instant forest had been changed by installing a transmission tower around 1978 with Korean power on the forest of this case.

After the removal of transmission towers around 1990, the Defendant’s door installed a charnel facility in the forest of this case around June 2007, and thereafter constructed a warehouse building around August 2013.

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