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(영문) 의정부지방법원 2013.11.28 2013고정2348

산림자원의조성및관리에관한법률위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission to cut standing timber from the administrative agency concerned pursuant to Article 36 (1) of the Creation and Management of Forest Resources Act;

Nevertheless, the Defendant cut standing timber without obtaining a permit to cut 21 square meters of standing timber of 20 years (standing timber of 0.48 square meters) that is living in a 20-year-old forest owned by C in Gyeonggi-do, Gyeonggi-do, 2009, using a mechanical saw, and cut standing timber of 20-year-old forest of 1.72 square meters (standing timber of 0.48 square meters) at the same place. On February 201, 201, the Defendant felled standing timber of 20 to 30-year-old forest of 1.72 square meters (standing timber of 1.72 square meters) that is living in the same place.

2. Any person who intends to divert a mountainous district violating the Management of Mountainous Districts Act shall obtain permission from the competent administrative agency for specifying uses;

Nevertheless, the Defendant, at around 2010, mobilized the Defendant’s cemetery created in Gyeonggi-gun B, Gyeonggi-do for the reason of vehicle entry, and opened a factory space of 3.3 meters wide and 129 square meters wide and 129 square meters wide and 131 meters wide and 129 square meters wide and converted the use of mountainous districts without permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of special judicial police officer;

1. Complaint;

1. Application of statutes to the actual survey report, location map (Guide map, satellite photograph), satellite photographs, field photographs, and protocol on the area of unlawfully converted mountainous district;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines;

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

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