logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2016.07.13 2016고단76
산지관리법위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by

Nevertheless, on November 2015, the Defendant used three dump trucks and three dump trucks in the mountainous district located in Chang-gun, Gyeongnam-gun, Gyeongnam-gun, which is the competent authority, to convert the said mountainous district into a 4,685 square meters by making use of three dump trucks and three dump trucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report, location map and cadastral map, field photographer, and damaged area data;

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 fact that the area of the mountainous district damaged by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is relatively wide, etc. is disadvantageous to the defendant.

On the other hand, the damaged mountainous district was restored to its original state, and the fact that there is no same criminal record is favorable to the defendant.

In each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the Defendant’s age, sex, occupation and environment, and the background of the instant crime.

arrow