logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2018.04.06 2018고정30
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

The deletion of “the person in question occupies and manages it without permission” and “the purpose of expanding the site for inspection” as stated in the written indictment is to ensure that the exercise of the defendant’s right to defense is not impeded, and thus, the partial revision of the facts charged is recognized ex officio without changing the indictment.

The Defendant, under the jurisdiction of the religious organization B, manages the temple "C", and the Defendant, on May 2016, converted the area of 365 square meters to illegal mountainous districts by illegally digging the slope of the mountainous district, which is a state forest, using the cutting machine equipment for the purpose of installing a temporary soil and sand drainage on the temple site (C) within the state forest under the jurisdiction of the competent authorities in the Korea Forest Service, the Korea Forest Service, which was granted to the Defendant, without permission of the competent authorities.

This caused damage to national property equivalent to 5,294,00 won in mountainous district recovery expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to submit design plans for restoration;

1. Article 6 of the Addenda to the Management of Mountainous Districts (Act No. 14361), Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); and the selection of fines for criminal facts;

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;

arrow