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(영문) 부산지방법원 2016.02.04 2015고정2002

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, in 2012, the Defendant made a path by packaging 227.72 square meters in concrete land among state forest land in Busan-gun, Busan-gun, Busan-gun, without permission.

In this respect, the Defendant diverted mountainous districts without obtaining permission.

2. A person who intends to fell standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, without obtaining permission, the Defendant cut one g of night tree at the place specified in the preceding port on October 2014, and the summary of evidence.

1. The defendant's legal statement (as at the sixth public trial date);

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 53 subparag. 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14(1) (a) of the relevant Management of the Mountainous Districts Act, Article 74(1)3, and Article 36(1) (a) of the Creation and Management of Forest Resources Act, and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.