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(영문) 부산지방법원 2018.08.30 2018고정998
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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.

Nevertheless, from January 19, 2018 to February 20, 2018, the Defendant diverted a mountainous district without obtaining permission, such as destroying mountain trails, illuminations, trees, etc., and installing a retaining wall of approximately 23 meters within the limit of 23 meters, which falls under a quasi-preserved mountainous district in Busan Dong-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports (in the future, persons in charge of the Gu office and inquiry of C companies), investigation reports (in the statement of a public official in charge);

1. Notification of the results of handling a complaint or accusation case, and the application of each photographic statute;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Since the application of the sentencing criteria is selected, the sentencing criteria are not applicable. 2. The sentencing criteria should be imposed as ordered in consideration of the motive and background of the principal offense, the degree of damage including the mountainous district, and the age, career, etc. of the accused.

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