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(영문) 대구지방법원 김천지원 2014.02.19 2013고정664

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types and areas of mountainous districts prescribed by Presidential Decree.

Nevertheless, on July 7, 2013, the Defendant, without obtaining permission from the competent authorities, cut 814 parts, etc. of active trees located in the forest owned by the Defendant for the purpose of constructing a mushroom cultivation plant in the forest owned by the Defendant, which was located in the Gu, for seven days from the Seocho-si, the Defendant converted the form and quality of the mountainous district into a mountainous district without permission by changing the form and quality of the mountainous district, such as cutting down 814 parts, etc. using a digging machine, and making the said forest 2,51

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the actual situation survey report, 1/5,00, forestry map, field photographs of damaged areas, and forestry register-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts (including cases where a person commits an error and reinstatement have been made);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.