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(영문) 광주지방법원 목포지원 2016.09.23 2016고정60
산림자원의조성및관리에관한법률위반등
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

No one shall convert a mountainous district without obtaining permission from the competent authority for conversion of a mountainous district, or divert a mountainous district.

Nevertheless, the defendant from the end of January 2015 to the same year.

2. During the period of the early Hammp police officers, the lower court installed structures, such as a marg, etc. with a size of 120 square meters or more, using wood and stone, etc. without permission from the competent administrative authority to convert mountainous districts.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating some of the twice a protocol concerning the examination of the police officers against the accused;

1. The survey report, photograph (illegal diversion, deforestation without permission) and notification of an order for recovery of land before illegal mountainous districts [the defendant won in an administrative litigation related to the diversion of mountainous districts raised against the number of Pyeong-gun, and thus this part of the act is not a crime. However, according to the evidence above, it is sufficiently recognized that the defendant installed a structure stated in the crime for the purpose of continuous use without permission from the competent authority and installed a structure for conversion of mountainous districts for the purpose of continuous use, and even in the judgment of the above administrative litigation case submitted by the defendant (Seoul District Court Decision 2015Guhap530 decided Oct. 29, 2015), it is judged that the order for removal of the above structure of Pyeong-gun's number of structures was lawful without permission for conversion of mountainous districts under Article 14 of the Mountainous Districts Management Act (the above argument by the defendant is not accepted).

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The person charged with this part of the facts charged shall be the competent authority.

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