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(영문) 대구지방법원 상주지원 2015.06.23 2015고단167

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, without obtaining permission from the competent authority, the defendant from February 10, 2015 to the same year.

3. Until December 22, 200, a person had been permanently residing in the area of 3,160 square meters of B forest land, and created a tombstone and its access road using a digging hole, etc., thereby causing damage to forests equivalent to KRW 36,590,000 for expenses for recovery of mountainous district, thereby converting the use of mountainous districts.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food

Nevertheless, without obtaining permission from the competent authority, the defendant from February 10, 2015 to the same year.

3. Until December 22, 200, a person suffered damage equivalent to KRW 152,000 on mountainous district damage by cutting standing timber (24 oak tree, 15 oak tree, and 44 oak tree) of 7.7 square meters at the time of residing in B forest and field, with the creation of a tombstone and access road thereon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, sentence shall be imposed as ordered in consideration of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not restore the mountainous district exclusive for the defendant, and the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the arguments of this case, are considered.