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(영문) 대전지방법원 서산지원 2016.09.09 2016고정149
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

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

On January 14, 2015, the Defendant, without obtaining permission to convert mountainous districts, created a cemetery by damaging standing trees, such as night trees, etc. that were born therein by using a fluor, in order to create his father’s grave in Jin-si B forest land on January 14, 2015, and diverted mountainous districts of 150 square meters in total as forest land.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of a certificate of land use planning, such as a survey report on actual condition, a map of location of illegal destroyed and lost parts, each satellite photograph, a photo on the site of illegal destroyed and lost parts, a survey map on the status, a forest register,

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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