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(영문) 수원지방법원 2017.12.21 2017고정2880

산림자원의조성및관리에관한법률위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person may install structures in a forest without justifiable grounds.

Defendant

A while residing in B in the Gyeonggi-do, occupied part of state forests under the jurisdiction of the Korea Forest Service and occupied them for other purposes without permission. On September 11, 2012, when 2012, a typhoon did not have existing toilets due to typhoons, he re- installed one customary toilet in the state forest under the jurisdiction of the Korea Forest Service, and on May 201, 2017, he illegally constructed one prefabricated-type building within the state forest under the jurisdiction of the Korea Forest Service without permission of the government. On May 2017, a person illegally constructed one prefabricated-type building within the state forest under the jurisdiction of the Korea Forest Service without permission. The size of illegal toilets and prefabricated-type building was 14.73 square meters and the area of illegal toilets and prefabricated-type building was 213,670 won to the State.

Summary of Evidence

1. The defendant's legal statement (the notice of the completion of removal of illegal facilities);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 74 (1) 8 of the Creation and Management of Forest Resources Act concerning facts constituting a crime;

1. Selection of punishment: Selection of a fine;

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. 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;