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(영문) 대구지방법원 2016.07.07 2015고정2250
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 prescribed by Presidential Decree.

Nevertheless, on February 12, 2015, from around February 12, 2015 to February 13, 2015, the Defendant did not obtain permission for the diversion of mountainous districts from Cheongdo-gun C, Cheongdo-do-gun, and installed a sprink for the purpose of establishing a farm.

Accordingly, the Defendant diverted a mountainous district of 2,701m2 without obtaining permission for mountainous district diversion.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Each legal statement of the witness H and I;

1. A survey report on actual conditions;

1. The degree of forest projected areas, and the protocol by parcel of forest destroyed parts;

1. Application of Acts and subordinate statutes on photographs and photographs;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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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