beta
(영문) 전주지방법원 정읍지원 2019.07.18 2018고단51

산지관리법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to thin standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, and any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of mountainous districts, area, etc. prescribed by Presidential

Nevertheless, from around December 2012 to around December 2016, the Defendant used approximately 23,000 square meters out of approximately 60,595 square meters in a mountainous district for forestry use, and approximately 820 square meters out of approximately 3,00 square meters in 3,00 square meters in a mountainous district for forestry use, and approximately 820 square meters in a c9,719 square meters in planting trees, without obtaining permission from the competent administrative agency. From around 2012 to around December 2016, the Defendant planted trees and vegetable trees.

As a result, the defendant cut standing timber in a forest without obtaining permission from the competent authorities, and diverted scream trees, etc. in a forest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The actual condition survey report;

1. A land use plan;

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

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act (unauthorized conversion of a mountainous district) regarding criminal facts, and Article 74(2)2 of the Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017) deleted Article 74(1)3 of the Creation and Management of Forest Resources Act, and Article 74(2)2 of the same Act provides that “The statutory penalty is not more than five years,” and Article 74(2)2 of the same Act provides that imprisonment with prison labor for not more than three years, or a fine not exceeding KRW 15 million or a fine not exceeding KRW 30,000,00.”

Since it seems to be based on reflective consideration to meet the fairness with the penal provisions of other similar laws, the new law as a corporation at the time of trial pursuant to Article 1(2) of the Criminal Code shall apply;

Article 36(1) (Unauthorized Felling of Trees)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;