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(영문) 수원지방법원 성남지원 2017.08.16 2017고단1448
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

The defendant is the owner of the C forest land in Seopopopo-si, Jeju Special Self-Governing Province.

The defendant from February 24, 2017 to the same year.

3.2. By removing standing trees, dump mounds, etc. located therein to construct buildings on the forest and fields, cutting the high ground and cutting the lower ground and cutting the lower ground into the ground without obtaining permission until December 2, 200, the diversion of mountainous districts equivalent to 3,306 square meters in the forest and fields was made.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Summary of forest damage;

1. A photographic register;

1. A land register, a certified copy of cadastral map, and a certificate of land use plan;

1. A survey report on actual conditions;

1. Annual application of satellite photographing statutes;

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

1. Selection of a fine for selective punishment (the area of the damaged mountainous district is reasonable, but considering the fact that the defendant is the aged of the first offender and implements the original restoration of the mountainous district);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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