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(영문) 대전지방법원 천안지원 2018.10.02 2018고정646
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 determine its use and obtain permission from the competent authority.

Nevertheless, around June 2017, the Defendant laid down trees of several hundred thousands, including Ameria, which were planted in a place for the purpose of construction of retaining walls, without obtaining permission from the competent authority, in the forests and fields located in Nam-gu, Nam-gu, Dongcheon-si, Nam-gu, Seoul, and without obtaining permission from the competent authority.

As a result, the Defendant changed the form and quality of a mountainous district without obtaining permission from the competent authority and converted the use of mountainous district equivalent to 812 square meters in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to the actual survey report, location map, on-site photographs of the case, damage calculation report, and current status of illegal mountainous districts;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is considerably large in the area of the converted mountainous district without permission by the defendant.

The Defendant diverted the mountainous district owned by another person, not his own, without permission.

However, the defendant recognizes his mistake and is against his will.

The defendant seems to have recovered part of the trees on the land.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.

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