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(영문) 춘천지방법원 2017.07.10 2017고정201
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the management of a mountainous district due to illegal diversion of a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc.

Nevertheless, on April 2015, the Defendant, on the first time, installed one bomb in Hongcheon-gun C 13.6m2 in Hongcheon-gun, Gangwon-do, and installed two mix of fences, two plastic greenhouses for raising chickens, one greenhouse for farming purpose, and one greenhouse for farming purpose, etc. in a total of 725m2.6m2.

2. Violation of the Management of Mountainous Districts due to nonperformance of restoration orders;

A. On October 12, 2012, the Defendant violated an order for restoration of mountainous districts by failing to comply with the order even though it received an order for restoration of mountainous districts, such as removal of facilities from Hongcheon-gun to November 12 of the same year with respect to the portion converted into illegal mountainous districts, as described in paragraph (1) from Hongcheon-gun.

B. On May 7, 2013, the Defendant converted the use of illegal mountainous districts from Hongcheon-gun on the same year, as described in paragraph (1) from Hongcheon-gun.

5. By the end of 31., an order to restore a mountainous district was violated due to a failure to perform the order even though the order was issued to restore the mountainous district, such as removing facilities.

(c)

On November 13, 2014, the Defendant violated the restoration order of a mountainous district by failing to comply with the order even though it received an order of restoration of a mountainous district, such as removing facilities from the Hongcheon-gun to December 30 of the same year with respect to the portion converted into an illegal mountainous district, as described in paragraph (1) from the number of Hongcheon-gun.

(d)

The defendant, on June 13, 2016, with respect to the part for which the conversion of illegal mountainous districts was made from Hongcheon-gun on June 13, 2016, as described in paragraph (1)

7. By December 25, 200, an order for restoration of a mountainous district was violated due to the failure to implement the order despite the order for restoration of a mountainous district, including removal of facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A location map, an exclusive district map for illegal mountainous districts, each local photograph, each comprehensive real estate certificate, all certificates of each registered matter, a written estimate, and an order to restore illegal facilities within a mountainous district, as well as an order to restore such facilities;

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