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(영문) 의정부지방법원 2015.10.19 2014고정1713

산지관리법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. by the District Court of the Republic of Korea, and the said judgment became final and conclusive on September 10, 2015.

The defendant of "2014 High 1713" is working in Macheon-si C Forest for which an administrative agency has accepted permission to fell standing trees or a report on temporary use of mountainous districts for the purpose of work.

Around June 2013, a forest damage equivalent to KRW 15,670,780 (applicable to KRW 3,908.9 per square meter per square meter per mountainous district in 2013) was inflicted on the forest of the same forest land, which does not require acceptance of a report of temporary use of the same forest on or around June 2013, by using one chill, as a work road (c) and using it illegally.

On December 3, 2013, the Defendant damaged 210,000 won at the market price of approximately 100,000 won at approximately 10,00 won in a disaster that was planted on the ground of 100 square meters in a way that the victim entered the land of Pocheon-si F (346 square meters) owned by the victim E without prior consent of the above victim, while performing the work of cutting down of the forest of Do forest of Gyeonggi-do, Gyeonggi-do, 2013.

Summary of Evidence

"2014 Highly 1713"

1. Legal statement of witness G;

1. Each police statement of H and I;

1. Round map, land cadastre, and written confirmation of a land use plan;

1. A copy of the official notice about permission to fell standing timber; and

1. A standard table of calculation of recovery expenses in the Korea Forest Service, 2013;

1. Illegal photographs;

1. Previous records of judgment: Criminal records and copies of each written judgment "2014 High Court Decision 1833";

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Investigation report (related to submission of a written estimate for damage);

1. All on-site photographs;

1. Previous records: References to criminal records and the application of a copy of each written judgment;

1. Article 55 subparagraph 2 of the relevant Article of the Mountainous Districts Management Act, Article 15-2 (2) of the same Act, Article 366 of the Criminal Act, and selection of fines for each crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) 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;