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(영문) 창원지방법원 마산지원 2015.03.31 2015고정49
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

A person who intends to convert a mountainous district shall obtain permission for the conversion of a mountainous district according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to temporarily use a mountainous district for forest paths, such as piling up goods, forest roads, work roads, forest product transportation roads, etc. shall file a report thereon with the head of a Si/Gun/Gu on mountainous

Nevertheless, from August 201 to September 2014, the Defendant installed an access road and waterway using the digging hole in the Masiwon-si, Masiwon-si, Masiwon-si, Da, E, F, G, H, I, and J, without permission for or a temporary use of the mountainous district, and then packaged it as concrete, sprinks in the vicinity of the valley, installed a retaining wall and a concrete block retaining wall in the vicinity of the valley, embling the mountainous district into earth and rocks excavated at the time of the access, and embling the mountainous district in the form and quality of the mountainous district or temporary use of the mountainous district, without permission for or a temporary use of the mountainous district, and cultivated crops in three places, after installing two dongs and two dongs of a plastic house, and newly installing one underground water pipe and one water tank, truck storage box, core electric boiler, one oil boiler, etc., by changing the form and quality of the mountainous district or temporary use of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on illegal acts within preserved mountainous districts;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1), subparagraph 2 of Article 55 and Article 15-2 (2) of the same Act concerning facts constituting a crime, selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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