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(영문) 전주지방법원 남원지원 2018.12.18 2018고단252
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

No person shall temporarily use a mountainous district without reporting the temporary use of the mountainous district or after reporting the temporary use of the mountainous district by fraud or other improper means.

On September 2017, the Defendant reported the temporary use of a mountainous district to the head of Si/Gun having jurisdiction over the mountainous district in accordance with the Mountainous Districts Management Act in order to create a working route of about 910 meters for felling standing timber on the forest land owned by the Defendant located in the YY-gun B, the area of a total of 2,730 square meters in width with a width of 3 meters in width, as prescribed by Presidential Decree, according to the restriction by Presidential Decree.

reported.

Nevertheless, from October 10, 201 to July 17 of the same month, the Defendant created a work route in the above forest from around October 10, 2017, and created a work route with an average of 6,063 square meters in width of eight meters in violation of Presidential Decree, thereby reporting the temporary use of a mountainous district in a false or other unlawful manner, and conducted temporary use of a mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Current status map of land before illegal mountainous districts;

1. On-site inspection photographs;

1. Receipt of reports on felling forest management plans;

1. Application of Acts and subordinate statutes to investigation reports (report on the contents of currency held by police officers of special jurisdiction in charge of the case);

1. Article 55 subparagraph 2 of the relevant Act and the former part of Article 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a broad area where a mountainous district temporarily used beyond the scope on which the Defendant reported the temporary use of a mountainous district falls under 3,333 square meters is disadvantageous to the Defendant.

However, the fact that the defendant reflects the defendant, there is no criminal history other than the fine, and there is no criminal history of the same kind, and the fact that the defendant completed all restoration measures for the damaged mountainous district in favor of the defendant is considered.

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