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(영문) 춘천지방법원 강릉지원 2013.10.30 2013고단203

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On December 26, 2012, the Defendant was sentenced to a suspended sentence of two years on April 10, 2013 by imprisonment with prison labor for a violation of the Mountainous Districts Management Act in the Chuncheon District Court's Gangwon Branch Branch Office, etc., and the said judgment became final and conclusive and is still under suspended sentence.

【Criminal Facts】

The defendant is a person who operates a DNA power plant in Gangnam-si C.

1. A person who intends to convert a mountainous district into a mountainous district (unauthorized diversion of a mountainous district) in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority for the purpose of conversion, but the Defendant extended access roads to a mountainous district with a length of about 170 meters and a width of 4 meters from the area of 508 square meters and 144 square meters in Seocho-si, Seocho-si, Seocho-si, and from the area of 144 square meters in length without obtaining permission

Accordingly, the Defendant, without permission, expanded access roads to forest land of 652 square meters in total, and diverted mountainous districts.

2. 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 from the head of the competent Si/Gun, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, notwithstanding the fact that he/she obtained permission from the head of the competent Si/Gun, etc., but the Defendant removed a 13-gradic dust from fallen leaves, where he/she used the digging machine during the process of expanding access roads as referred to in the above paragraph (1)

Accordingly, the Defendant cut standing timber that is planted in forest land of 652 square meters in total without permission.

3. A person who intends to collect earth or stone in a mountainous district in violation of the Management of Mountainous Districts Act (the occupation of gathering earth or stone without permission) shall obtain permission from the head of a Si/Gun, etc., as prescribed by Presidential Decree, but the Defendant collected approximately 1,000 cubic meters of earth or stone from the forest land of 3,189 square meters in Gangnam-si, Gangnam-si, 201 and carried them out for the purpose

Accordingly, the defendant collected earth and rocks from 1,000 cubic meters without permission to collect earth and rocks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G, H and I, respectively.

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