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(영문) 대구지방법원 안동지원 2021.01.13 2020고단511
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, from May 2018 to August 2018 of the same year, the Defendant cut approximately 50 parts of the tree tree and approximately 30 parts of the tree 2,613 square meters of the size of the land by using the digging hole in order to use the above land as dry field without obtaining permission from the Administrator of the Forest Administration, etc., and cut and filled up the land of 2,613 square meters.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the head of the forest office.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. Application of investigation reports (explosion of illegal forest damaged areas), location map of forest damaged areas, site photographs, certificates of registration, investigation reports (explosion of areas damaged by forests, calculation of restoration expenses for mountainous districts, etc.), observation of areas damaged by forests, satellite photographs, investigation reports (explosion of areas damaged by forests, etc.), field photographs, and satellite photo data;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is an exclusive use of a mountainous district by the defendant without obtaining permission from the competent authority, and its nature is not good. The fact that the area of the exclusive use of the defendant is considerably wide and the size of the mountainous district may not be considerably cut, is disadvantageous to the defendant.

However, the fact that the defendant recognized his mistake and reflects it, that the defendant was unable to engage in the illegal diversion of the mountainous district, and that the mountainous district was restored by planting the standard tree in the damaged mountainous district, and that the defendant did not have any history of punishment for the same crime is favorable to the defendant.

In addition, the defendant's occupation, age, sex, environment, motive, background, means and consequence of the crime, and after the crime.

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