logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.01.17 2016고정651
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

Any person who intends to divert a mountainous district shall obtain permission to divert such mountainous district, as prescribed by Presidential Decree.

Nevertheless, on December 2, 2015, the Defendant used Poke mons to convert the use of illegal mountainous districts without permission from the government for the purpose of establishing a site for installing access roads and installing containers in the Seocho-si, Kimcheon-si, and C.

As a result, the Defendant damaged a forest of 695 square meters and caused a cost of restoring a forest of 9.27 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (Collection of aerial photography - The aerial photography in 2009 to 2015, report on the results of the search and investigation, on-site re-verification, collection of farmland sources, and withdrawal of damaged property - the Farmland Register);

1. Application of Acts and subordinate statutes to a survey report on actual condition (the details of the computation of damaged area map, damaged area photograph, and expenses for restoring mountainous districts);

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. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offender, the restoration of a mountainous district is completed, etc. However, the above circumstances appear to have been determined by a fine in consideration of the period from the time of the issuance of the summary order. Taking full account of all the circumstances, including the statutory penalty prescribed by the Mountainous Districts Management Act, equity of the punishment imposed on a similar case, the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the amount of fine in the summary order is too high.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.

arrow