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(영문) 대전지방법원 서산지원 2015.01.30 2014고단987
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

From December 28, 2010 to August 31, 2013, the Defendant: (a) removed soil and sand from 20,163 cubic meters in excess of the permitted shipment volume by violating the purpose of a mushroom cultivation company, without obtaining permission for alteration of a mountainous district conversion on the land outside Chungcheongnam-gun, Chungcheongnam-gun, and four lots, the area for which the permission was granted; (b) cut off 78 standing trees, which are planted in the forest land outside the 1,300 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, the area for which the permission was granted; and (c) cut down 1,300 square meters of forest land outside the Yan-gun, the area for which the permission was granted

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. The actual condition survey report and each attachment thereof;

1. Application of measured plane plans and photoficial photography Acts and subordinate statutes;

1. Subparagraph 1 of Article 54 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of a fine to choose a sentence (the circumstances leading to the crime in this case; the defendant deposits restoration expenses to the Taean-gun and restores the damaged mountainous district with approval for restoration design; the defendant has no criminal record for the same kind of crime; and the economic conditions of the defendant and his family members are considered);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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