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(영문) 대전지방법원 홍성지원 2017.07.13 2017고정38

산지관리법위반등

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

1. From around 10:00 to around 15:00 on July 29, 2016, the Defendant damaged the use of the land by inserting six glus of trees equivalent to KRW 210,00 in the market price, such as 4glus, 1glus, and 1glus, owned by the victim D, in Chungcheongnam-gun budget-gun, through inserting the land in the form of inserting the land without obtaining consent of the damaged party.

2. A person who intends to temporarily use a mountainous district for the purposes of creating mountain paths, such as forest roads, work roads, and forest products transportation routes in violation of the Management of Mountainous Districts shall report such fact to the head of the relevant forest in relation to the mountainous district of national forests, and to the head of the relevant Si in relation to any

Nevertheless, around the date and time indicated in paragraph (1), the Defendant laid aggregate from the forest specified in paragraph (1) to the part corresponding to approximately 99 square meters among the above forest for the purpose of farming without filing a report thereon with the head of the regional police office in the forest specified in paragraph (1), and temporarily used the mountainous district (the Defendant changed the form and quality of the mountainous district, such as posing aggregate, etc.). The summary of evidence is as follows.

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to D;

1. Complaint;

1. Relevant photographs, on-site photographs, and wooden receipt photographs;

1. Evidential materials to be submitted and materials to be submitted;

1. Each report on investigation;

1. Although the Defendant alleged that his act does not violate the Mountainous Districts Management Act, the part equivalent to approximately 9 square meters among the items of 99 square meters in Chungcheongnam-nam Budget C (the part of forest land in paragraph (2) of the judgment below) was used as agriculture naturally occurring from the existing point of view.

Even if the prosecution of this case is not a punishment for changing the form and quality of the defendant, but a punishment for the temporary use of the mountainous district by spreading aggregate without reporting.

We cannot accept the above argument of the defendant.

Application of Statutes

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense, and Articles 15 and 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected, Article 366 of the Criminal Act, and selection of fines;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;