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(영문) 수원지방법원 여주지원 2017.04.14 2017고단43
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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, on March 15, 2013, the Defendant: (a) extracted miscellaneous trees from B forest No. 2,350 square meters in Echeon-si B forest land without obtaining permission from the competent authority; and (b) changed the form and quality of the land to convert the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Drawings of land where mountainous districts are illegally damaged;

1. Application of on-site photographs of illegally damaged land in the mountainous district, and of the statutes governing the aerial photography of the illegally damaged area;

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

1. Although the area of a mountainous district, the form and quality of which was changed without permission for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the area of the mountainous district was small, the restoration of the original state and quality change area was completed, the defendant was a first offender with no criminal history, and the defendant was trying to block the crime of this case by cultivating the mountainous district in which he was living as a farming father while developing the mountainous district in rural village and Saemaul leaders, etc., and subsequently, he did not repeat the crime of this case, in compliance with relevant provisions such as the Management of Mountainous Districts Act.

The punishment shall be determined as per the disposition in consideration of the favorable circumstances, such as the fact that the opening is remarkably excellent, etc.

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