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(영문) 광주지방법원 2016.07.13 2016고단1304
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on March 2016, the Defendant, without obtaining permission from the competent authorities, formed a book in the manner of cutting or removing trees located therein by using a digging hole, etc. with respect to a aggregate of 1,806 square meters of the 1,806 square meters of the Nam-gun B and C forest land in early 2016.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation report filed by the police with regard to D;

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

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The area of the mountainous district used exclusively by the defendant without permission is small.

A favorable normal condition: The defendant recognizes his mistake and is against his will.

In order to create a book for senior citizens of a church operated by the defendant, there are some points to be considered in the circumstances, such as the fact that the mountainous district is diverted.

On July 4, 2016, the public trial of the instant case is underway by the Defendant, upon obtaining approval of design drawings and specifications for forest recovery and orders for mountainous district recovery with respect to the mountainous district of the instant crime committed without permission from the Clan, making efforts to restore the original state, such as receiving a guaranty insurance policy to guarantee the payment of compensation for damage arising from the order to remove facilities without permission in forests and to restore illegal mountainous districts.

The defendant.

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