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(영문) 대구지방법원 포항지원 2014.07.23 2013고정708

산지관리법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district, the form or quality of which is altered, to use forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths, shall file a report with the Minister of the Korea Forest Service on the mountainous district of state forests, and with the head of a Si/Gun/Gu on the mountainous district of a forest, other

Nevertheless, on February 2013 through March 2013, 2013, the Defendant created a forest path on the 49 square meters of D forest land in North-gu, Northern-si, Mapo-si, and did not report temporary use of the forest to the North Korean head of Si/Mapo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement concerning F;

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

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act and the former part of Article 15-2 (2) of the Management of Mountainous Districts Act (Selection of Fine) concerning facts constituting an offense;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, although the defendant set up a passage with a total area of 49 square meters in Northern-gu, Northern-gu, the defendant's act of cutting or extracting standing timber in the process is nothing more than that of cutting or digging up standing timber in order to make the passage more easier, it cannot be viewed as changing the form and quality of the mountainous district, and even if it is not so, it cannot be viewed as changing the form and quality of the mountainous district.

2. Determination

A. 1) Whether to change the form and quality of a mountainous district means changing the form and quality of a mountainous district externally and substantially, and changing the form and quality of a mountainous district to a status that is difficult to recover due to such change (see, e.g., Supreme Court Decision 2010Do2008, May 24, 2012).