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(영문) 전주지방법원 남원지원 2019.01.08 2018고단179

산지관리법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Creation and Management of Forest Resources Act, on June 2015, cut down 15 copies of pine trees, which are standing trees planted in a place of 3,084 square meters in Namwon-si, Namwon-si, without obtaining permission from the competent authority, and 3,084 square meters of the Namwon-si.

2. On June 2018, the Defendant converted a mountainous district to convert a mountainous district by using heavy equipment, such as refrackers, for planting trees, etc., to cut and embine 43 square meters in Nam-si, Nam-si, Seoul Special Metropolitan City, which is a quasi-permanent conservation mountainous district, without obtaining permission from the competent authority, with regard to a total of 1,760 square meters and quasi-permanent conservation mountainous district, and changing the form and quality of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of areas damaged by forests;

1. Particulars of calculation of damages;

1. Court-registered records;

1. Confirmation of land use plan;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 74 (1) 3, and Article 36 (1) of the Act on the Creation and Management of Forest Resources (amended by Act No. 14987, Oct. 31, 2017; hereinafter the same shall apply), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Mountainous Districts Management Act, which is heavier than punishment);

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

1. Article 75 (2) and (1) of the Creation and Management of the former Forest Resources Act for the collection of penalty surcharges;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a large number of criminal offenses against the Defendant, but also a history of punishment imposed once due to the same type of crime in violation of the Management of Mountainous Districts Act, and the restoration of the mountainous district damaged by the Defendant is scheduled to complete the restoration work until December 2018 on the first trial date.