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(영문) 인천지방법원 2014.05.14 2014고단1230

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is operating a stock company E in forest land (total area of 23,008 square meters, hereinafter “instant forest”) located in Seo-gu Incheon Metropolitan City D, which is a mountainous district for public interest and a development restriction zone.

Although the Defendant tried to afforested fruit trees in the above forest land, he intentionally cut a part of seedlings with no permission from the competent authorities, and planted fruit tree seedlings around them.

A person who intends to fell standing timber, extract and gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities for felling standing timber.

Nevertheless, from the end of November 201 to July 2013, the Defendant cut or damaged the lower end of the trees in the said forest by cutting the lower end of the trees into a saw or cutting off the saw by cutting off the trees without obtaining permission for cutting standing trees from the head of the Incheon Regional Office, or by cutting off or killing the saw.

(b) A person who intends to construct a building or cut bamboo or trees in a development-restricted zone in violation of special measures for designation and management of a development-restricted zone shall obtain permission from the competent authority;

Nevertheless, from the end of November 201 to July 2013, the Defendant cut down 63 of seedlings as above without obtaining permission from the head of Incheon Seo-gu in the forest located within the development-restricted area without obtaining permission from the head of the Gu of Incheon, and constructed 2 temporary buildings, such as 12 square meters of floor area and 1 square meters of floor area.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A written accusation and a forest management plan;

1. The application of Acts and subordinate statutes to a criminal report (referring to submission of additional materials by an accuser);

1. Articles 74(1)3 and 36(1) (a) of the Creation and Management of Forest Resources Act (a point where standing timber has been cut without permission) for facts of the relevant law and development restriction zones.