beta
(영문) 춘천지방법원 2016.04.14 2016고정8

산지관리법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who violates the Management of Mountainous Districts shall obtain permission from the head of a forest office, etc. to divert a mountainous district, specifying purposes thereof;

Nevertheless, the Defendant, at around December 2014, set up a access road to a dry field located in the neighboring land D, to set up an access road at the entrance to embling a farming house, using a refratator, for the purpose of converting the land into a mountainous district, by arbitrarily raising the land and cutting the land without obtaining permission for 55 square meters in the above mountainous district.

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office to cut standing timber in a forest;

Nevertheless, the Defendant, at the same time and place as in the preceding paragraph, cut and damaged trees, which were growing in the above mountainous district, without obtaining six permission, in the course of opening an access road for farming houses on adjoining land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparag. 1, Article 14(1) (a) of the Management of the relevant Mountainous Districts Act (a point for the diversion of a mountainous district without permission), Article 74(1)3, and Article 36(1) (a) of the Creation and Management of Forest Resources Act concerning the facts constituting an offense, and the selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;