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(영문) 대전지방법원 논산지원 2017.10.20 2017고단467
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 January 2017, the Defendant diverted a mountainous district into KRW 41,982,00 for restoration expenses by using a digging hole for the purpose of creating farmland, without obtaining permission from the head of a forest, etc., in the area of the mountain mountain zone B, C, D, and E, 9,270 square meters, which is a mountain village, for the purpose of creating farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Actual condition survey;

1. Results of the survey of areas damaged by forests and details of calculation of areas damaged by forests;

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

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the defendant's mistake, the original restoration, the area of the mountainous district converted without permission, the defendant has no record of criminal records of the same kind and suspended execution or more, the defendant's age, circumstances leading to the crime, and the circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions as shown in the argument of the instant case.

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