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(영문) 전주지방법원 2017.03.28 2016고정1015
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose.

Nevertheless, on December 2015, the Defendant diverted 419 square meters out of the above forest land to farmland without obtaining permission from the competent authority in the forest land B located in Jinan-gun located in North Korea prior to the date of around December, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a report on calculation of recovery expenses, and a claim for damages;

1. Article 53 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which choose a penalty;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant converted a mountainous district without obtaining permission from the competent authority, and the crime is not easy.

However, the fact that the Defendant made a statement that the instant case is against the mistake, that is the primary offender, that is, the restoration of the instant mountainous district which is unlawfully used as farmland, that is, the area of the mountainous district which is 419 square meters and the cost of restoration is calculated as KRW 1,897,560, and the damage was not so significant, and that the purpose of the diversion without permission is to use farmland, such as the prevention of damage from wild boars and pigs, and some of the motives are favorable to the Defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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