beta
(영문) 대구지방법원 영덕지원 2014.05.21 2013고정77

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district, other than state forests, in order to create forest roads, work roads, roads transporting forest products, forest paths, such as mountain trails and forest trails, or other similar mountain paths, shall report thereon to the head of a Si/Gun/Gu.

On November 201, the Defendant, without filing a report with the head of Si/Gun on November 201, set up a work for cultivating mountain ginseng by cutting down trees equivalent to approximately 6,374m2 of forest land owned by the C himself/herself or by cutting down trees, among forest land owned by him/her.

Summary of Evidence

1. The defendant's statement in the first trial record that "it is known that there is a duty to report, and at the time the defendant left D with the progress of the work and stolen D's amnesty."

1. Legal statement of the witness E on the fourth public trial date; and

1. Application of Acts and subordinate statutes to survey reports on actual conditions, data about approval of forest management plans, investigation reports, and investigation reports (report attached to investigation reports by persons in charge of the Ulsan-gun);

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act and the former part of Article 15-2 (2) of the former Management of Mountainous Districts Act (Amended by Act No. 11352, Feb. 22, 2012);

1. Articles 70 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;