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(영문) 대구지방법원 서부지원 2016.11.04 2016고정833
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, set up an access road or a stone cemetery with a size of approximately approximately KRW 788 square meters in the Gyeong-gun, G, D, and the area of mountainous district around July 7, 2016, and converted into mountainous district by expanding access roads and opening an area of a stone cemetery in order to maintain a memorial cemetery created in the above mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of a certified copy of forestry book, certificate of national land utilization planning;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order [the amount of fine for a summary order shall be partially reduced, considering the fact that the defendant has no criminal records, the fact of violation has been agreed with E who reported the fact of violation by partially restoring to the original state, the degree of conversion, etc. known to the estimated recovery expenses, etc

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