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(영문) 대구지방법원 안동지원 2020.04.22 2019고단920
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district to a violation of the Mountainous Districts Management Act due to unauthorized diversion of a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, size,

Nevertheless, the Defendant, without obtaining permission from the competent authority on April 2019 and around May 2019, up to approximately 3,147 square meters of two lots, such as Gyeongbuk-gun, Gyeongbuk-gun, a preserved mountainous district, on two occasions viaout the period of mountainous district conversion to mountainous district by having C and D, with the aim of cutting up and raising soil by using digging machines, for the purpose of organizing farmland of the Defendant’s management adjacent to the above forest.

2. On June 19, 2019, the Defendant violated the Management of Mountainous Districts Act due to the violation of an order for recovery from a mountainous district by failing to comply with an order for recovery issued by the head of a permanent state forest management office on four occasions until November 6, 2019, upon receipt of an order for recovery from a mountainous district without permission as stipulated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a report on the place of crime, a report on the actual state survey, a location map, a report on the calculation of the amount of damage, a confirmation of the classification of a mountainous district, a full certificate of the matters to be registered, land cadastre, field photo, investigation report, an order for the restoration of an illegal mountainous district, a request for submission of an order for the restoration of a mountainous district, a request for the submission of a plan for the restoration of an illegal mountainous district, a request for the implementation of the obligation for restoration of a mountainous district,

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 10 of the Management of Mountainous Districts Act, and Articles 44 (1) of the Management of Mountainous Districts Act (the point of violation of an order for recovery, and the selection of fines);

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

1. Detention at a workhouse;

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