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(영문) 청주지방법원 2016.07.13 2016고정305
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

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, from Sep. 2013 to Oct. 10 of the same year, the Defendant, from Sep. 2013, 2013, had a equipment business operator C, who is aware of the fact, pack up a road using a drilling machine, dump truck, etc. without obtaining permission from the competent administrative agency for mountainous district conversion of approximately 4,730 square meters from Sep. 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Location map;

1. Survey maps of illegal land;

1. Not to be publicly notified of standards for calculating recovery expenses of mountainous districts in 2015;

1. On-site photographs applicable to illegal mountainous districts;

1. Sponsoring map of illegal and damaged land;

1. Aeronautical warning in 2014;

1. Application of the Acts and subordinate statutes governing the aerial photography of 2012;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for the crime, Articles 34 (1) and 31 (1) of the Criminal Act (elective of penalty) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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