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(영문) 대전지방법원 논산지원 2017.09.12 2017고정138

산지관리법위반

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

A person who intends to temporarily use a mountainous district for the purposes of cultivating or working roads for ornamental forest plants, such as landscape trees, or creating forest paths or other similar mountain paths, shall report it to the competent Mayor, etc.

Nevertheless, the defendant does not report the temporary use of a mountainous district to the head of the assigned local government from February 20, 2017 to the same year.

3. Until May 1, 200, a forest of 1,942 square meters in Chungcheongnam-gun B, C, and D was formed as a work site using one digging hole, and cut and damaged a forest of 802 square meters in forests in B, E, F, and G to cultivate ornamental trees.

Summary of Evidence

1. Statement by the defendant in court;

1. Current status map (No. 6 pages of evidence records);

1. Basis for calculating the amount of forest damage (the 9th page of evidence recording);

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation report (the telephone call confirmation at the time when an insurance policy is not submitted);

1. Article 6 of the Addenda to the Management of the Mountainous Districts (Act No. 14361, Dec. 2, 2016); Article 55 Subparag. 2 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Article 15-2 Subparag. 4 and 7 of the former Mountainous Districts Management Act; and selection of fines, etc.

1. Article 70(1) and Article 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;