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(영문) 수원지방법원 여주지원 2014.09.15 2014고정294

산지관리법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

1. Any person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority for its use;

Nevertheless, the Defendant, without obtaining permission from the competent authority on October 2008, converted a tree of a size of 1,016 square meters out of 8,766 square meters in Echeon-si B forest and quasi-preserved mountainous district into the farmland.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, on October 2008, the defendant cut 5 gluss trees of the 3-year Ameria on the price not indicated in paragraph (1) without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the written accusation, written statement, a certified copy of cadastral map, aerial photography, and field photograph statutes;

1. Relevant Articles 53 and 14 (1) (the main sentence) of the Management of Mountainous Districts Act, Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, and the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.