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(영문) 전주지방법원 2017.05.02 2017고정188
산지관리법위반
Text

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

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, in 2010, the Defendant installed a sprink for growing sprinkling trees to grow sprinkling trees without permission from 434 square meters of forest land B in 2010, North Korea-gun, North Korea-gun, and diverted sprink growing in the sprink.

Summary of Evidence

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

1. A survey report on actual conditions;

1. Notification of an order for restoration and deposit of restoration expenses;

1. Application of each statute on photographs;

1. Article 54 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include that the defendant has no record of having received criminal punishment for the same kind of crime.

The damage has not been restored due to unfavorable circumstances, and there are circumstances after the defendant was not present in the trial.

In full view of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, such as the area of the exclusive mountainous district, age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the various conditions of sentencing under Article 51 of the Criminal Act, which are

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