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(영문) 대전지방법원 홍성지원 2015.04.15 2015고정16
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of the mountainous district after setting the purposes thereof, but the Defendant, from October 5, 2014 to December 12, 2014, converted the form and quality of the mountainous district without obtaining permission by changing the form and quality of the mountainous district to a flat work for building sites in a mountainous district of 2,789 square meters located in Chungcheongnam-gun, Chungcheongnam-

2. Although the Defendant was prohibited from performing an act of changing the form and quality of land by cutting, filling, or cutting the ground, etc. in a forest protection zone in violation of the Forest Protection Act, the Defendant performed an act of raising the form and quality of land by embling the land in a mountainous district of 2,789 square meters, designated as a forest protection zone, from October 5, 2014 to December 12 of the same month, as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to classification map of mountainous district use and ledger of reserved forests;

1. An occupation of converting a mountainous district without permission for the relevant law on criminal facts: The occupation of change of form and quality of land within a forest conservation zone under subparagraph 1 of Article 53 or Article 14 (1) of the Mountainous Districts Management Act: Article 54 (2) 1 or Article 9 (1) 4 of the Forest Protection Act

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Mountainous Districts Management Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

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

1. Although the area of the converted mountainous district is broad without obtaining permission for sentencing of Article 334(1) of the Criminal Procedure Act, the original mountainous district is against the defendant, all of the original mountainous district is completed, and the original mountainous district is completed, and the original mountainous district is determined by taking into account the favorable circumstances in which no previous mountainous district exists.

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