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(영문) 청주지방법원 충주지원 2017.05.16 2016고단495
산지관리법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation with the purpose of collecting aggregate in Chungcheong-gun C, and Defendant A is a person who operates the above corporation.

A person who intends to temporarily use a mountainous district shall obtain permission or file a report from the head of a forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district

1. Defendant A did not report to the head of the forest office, etc., and temporarily used a mountainous district in a manner of piling away 4,500 square meters of forest land located in Chungcheong-gun D from August 20, 2015 to February 2, 2016 using eight dump truck trucks.

2. A, the representative of Defendant B’s Defendant Co., Ltd., temporarily used the mountainous district without reporting the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A plane plan of the actual survey;

1. A survey report on actual conditions;

1. Photographs;

1. Forest land register;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendant A of the pertinent legal provision on criminal facts: Subparagraph 2 of Article 55 and Subparagraph 3 of Article 15-2 of the Mountainous Districts Management Act (the election of a punishment, the election of a punishment, and the area of a mountainous district temporarily used by the Defendant by piling earth and sand is considerably larger than 4,500 square meters, so there is a need for strict punishment corresponding thereto.

However, Defendant B corporation is punished as a fine in consideration of the fact that the Defendant both led to the crime and reflects, that there was no criminal history of the same kind, that there was no punishment exceeding the fine, and that there was no permission to engage in development activities for mountainous districts temporarily used after the piling up of the above earth and sand, and that the restoration expenses and alternative forest resources creation expenses have been paid at once): Article 56 of the Mountainous Districts Management Act; Articles 55 subparag. 2 and 15-2 subparag. 3 of the Mountainous Districts Management Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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