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(영문) 수원지방법원 여주지원 2019.10.25 2019고정202
산지관리법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who served as a principal officer among Class B from around 2005 to around 2019.

Any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types, areas, etc. of the mountainous district

In addition, anyone shall not bury any body or remains in any area other than a cemetery among the clans and the family clans managed with the permission for the establishment of the competent Mayor, and any person who intends to establish and manage a cemetery among the clans and the family clans shall obtain permission from the head of the competent Si, etc. under the conditions as prescribed

Nevertheless, on June 30, 2017, the Defendant, in collusion with C, the head of the said clan, without obtaining the said permission, set up four clan graves of the clans without permission by means of creating about 228 square meters of the forest land D, Nam-si, Nam-si, a preserved mountainous district, changing its form and quality, and installing structures, such as tombstones and tombstones around the same clans.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E;

1. Statement of E;

1. Notice of administrative disposition and on-site photographs;

1. Application of the police interrogation protocol to C

1. Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act for criminal facts; Article 30 of the Criminal Act; Article 39 subparag. 1 and Article 14(3) of the former Funeral Services, etc. Act (Amended by Act No. 16376, Apr. 23, 2019); Article 30 of the Criminal Act; Article 40 subparag. 2 and Article 7 of the former Funeral Services, etc. Act (Amended by Act No. 16376, Apr. 23, 2019);

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Punishment on Violation of Mountainous Districts Management Act of which Punishment is the largest);

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

1. It is recognized as a substitute for one's own act for the reason of sentencing under Article 62 (1) of the Criminal Code of the suspended execution and according to the decision of the clan executive branch in the position of general secretary.

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