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(영문) 창원지방법원 2015.08.12 2015고단1026

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, but around May 2014, the Defendant, while performing civil works to establish a factory in Kimhae-si C, did not obtain permission from the Director of the National Forest Management Office of the Korea Forest Service in the vicinity of the Korea Forest Service and changed the form and quality of the mountainous district while cutting the area.

As a result, the defendant converted a mountainous district without obtaining permission for conversion of mountainous district.

2. A person who intends to cut standing timber or extract or gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, but shall instruct the Defendant, at the time and place specified in the preceding paragraph, to accurately understand the boundaries of private land and, at the same time and place, to enter the said D, which is a state forest under the jurisdiction of the Korea Forest Service, and cut down 27 pine trees and 71 active trees without

Accordingly, the defendant cut standing timber without permission from the head of the regional Forest Service.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, a location map, a survey result map and each on-site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Permission for the diversion of a mountainous district without permission for the relevant legal provisions on criminal facts: Subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act: Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only reported the crime, but also the fact that the defendant misleads and reflects the mistake, and commits the crime.