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(영문) 춘천지방법원 영월지원 2020.02.11 2019고정135

산림자원의조성및관리에관한법률위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent administrative agency;

Nevertheless, on May 2017, the defendant cut three standing timber in the state forest B of Gangwon-gun, Gangwon-gun, without permission from the competent authority.

2. Where a person who violates the Management of Mountainous Districts Act intends to convert a mountainous district, he/she shall obtain permission from the competent authority according to the classification of types, areas, etc. of

Nevertheless, on May 2017, the Defendant converted the use of mountainous districts into mountainous districts by setting up a 327m2 from among the forests located within a preserved mountainous district without obtaining permission from the competent authority, and by using construction equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of actual condition survey and accompanying documents, standing timber survey photographs, the estimated sale price of forest products, supplementation of survey data, and restoration of damaged areas;

1. Article 74(1)3, and Article 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017); Article 53 Subparag. 1, and Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); the selection of each fine for criminal facts;

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

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

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