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(영문) 청주지방법원 제천지원 2014.10.16 2014고정70

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. Any person who intends to convert a mountainous district shall use the mountainous district and obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, the Defendant, in the forest located from around September 2008 to September 201, 201, converted a mountainous district with a total area of 1,966 square meters using a digging hole without obtaining permission from the competent authorities, by cutting the mountainous district equivalent to a total of 1,96 square meters.

2. Anyone who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office;

Nevertheless, from December 2012 to January 2013, the Defendant cut standing timber in total of 104 parts, including 15 mars and 89 mars, which were planted in a forest with the area of 2,229m2 without obtaining permission from the competent authority, in the forest located in Ycheon City, from around 2012 to around 2013.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

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

1. Article 53 subparagraph 1 of the Act on the Punishment of Mountainous Districts, the main sentence of 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, the selection of each fine for criminal facts (i.e., the fact that the restoration to the original state is not made at all, even if a person is on duty), and the selection of each fine (ii).

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;