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(영문) 수원지방법원 성남지원 2016.05.25 2016고정370
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on June 2014, brought 70 dump trucks into the mountainous district and arbitrarily embling them for the purpose of cultivating crops by improving the quality of soil on the 3,082 square meters in Gwangju-si, Busan-si, a mountain-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of Acts and subordinate statutes to the actual survey report, location map, ledger of forest and forest land, cadastral map, certified copy of cadastral map, land use plan confirmation document, forest damaged area list, and illegal mountainous district damaged photographs;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (the amount of a fine for a summary order shall be reduced somewhat in consideration of the circumstances of restoration from the original state);

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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