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(영문) 춘천지방법원 강릉지원 2018.07.05 2018고정87
산지관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a manager at the Pacific Mining Development Site, which was operated by C, a company with insolvency in three lots (57,490 square meters, hereinafter referred to as “the instant restoration site”), both B and B (57,490 square meters,”).

Anyone who intends to collect earth or stone (including processing or transporting earth or stone outside a mountainous district) in a mountainous district in a forest, other than a state forest, shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu.

On April 13, 2018, the Defendant, without obtaining the aforementioned permission at the site of the instant recovery where the Forest Restoration is being conducted, intended to receive dump truck’s price of KRW 60,000 per 1 pump truck from the person transporting earth and rocks, and had approximately 40 tons of earth and rocks at the five dump truck’s site of the instant recovery, transported them to the E construction site where it is located.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Photographs related to the unauthorized removal of earth and rocks;

1. Application of Acts and subordinate statutes to report internal accidents (verification of designation, etc. of preserved mountainous districts), documents related to cancellation of permission for conversion of mountainous districts, documents related to permission for conversion of mountainous districts, and materials concerning public announcement of preserved

1. Article 53 subparagraph 3 of the relevant Act and the main sentence of Article 25 (1) 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 size of collection of earth and stones with reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there has been no history of punishment for the last ten years, the defendant's age, environment, motive and circumstance of the crime, circumstances after the crime, etc. shall be determined as ordered in light of the overall sentencing conditions.

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