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(영문) 광주지방법원 2019.07.12 2018고정1316

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for property damage, etc. at the Gwangju District Court on December 2, 2016, and the judgment became final and conclusive on December 2, 2016.

【Criminal Facts】

Around July 2015, the Defendant created a housing site around 400 square meters of a forest site in the area around 1,723,000 square meters of a mountainous district, in which the Defendant, without obtaining permission for conversion of a mountainous district, made the use of equipment, such as a digging season, to convert the use of mountainous district into mountainous district, by making the amount of KRW 1,723,00.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement of accusers against D;

1. The actual condition survey report;

1. Before the judgment: Criminal records and criminal records, each of the court rulings, the defendant's defense counsel asserted that the defendant had no intention to convert his/her mountainous district, and eventually, the defendant did not have any intention to convert his/her mountainous district, while his/her ground adjustment on the miscellaneous land of this case, which was connected to his/her boundary, was partly damaged, such as pine trees in the instant forest, which was connected to his/her boundary, and he/she received from D and damaged trees from the owner of the instant forest in this case, in the process of cutting the trees damaged out of the instant forest out of the instant forest.

(2) The term “afforestation,” means (i) afforestation, forest tending, deforestation and extraction of standing trees, (ii) gathering and extraction of forest products, such as earth and rocks, and (iii) using mountainous districts for purposes other than those for temporary use, etc., or changing the form and quality of mountainous districts for such purpose (Article 2 subparag. 2 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016). Even in the Defendant’s assertion, it is evident that the Defendant’s act does not

Ultimately, as the Defendant knew that the forest land of this case was not a miscellaneous land for which the ground was arranged, but changed the form and quality without permission for mountainous district conversion, the Defendant was guilty.

application of the laws and regulations

1. Relevant Act on December 2, 2016, concerning facts constituting a crime;