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(영문) 대전지방법원 천안지원 2018.11.05 2018고단1338

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

No person shall fell standing timber, etc. in a forest conservation zone without obtaining permission from the head of the forest agency or a Mayor/Do Governor, and a person who intends to divert a preserved mountainous district shall obtain permission from the head of the forest agency, etc.

From March 2015 to June 2016, the Defendant: (a) laid down night trees planted to the forest conservation zone without obtaining permission from the head of the forest office, etc. from approximately 9,609 square meters of forests and fields located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City, a mountainous district protected within the forest conservation zone and a forest conservation area; and (b) laid down turds after cutting down night trees planted therein without obtaining permission from the head of the forest office, etc.

Accordingly, the defendant cut standing timber and diverted mountainous districts without permission from the head of the forest office, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Current status map of illegal mountainous districts;

1. A certificate of land use plan;

1. Application of statutes on site photographs of the case

1. Since the former Act No. 1 of the former part of Article 53 of the Management of the Mountainous Districts Act (amended by Act No. 1 of the former part of the former part of the same Article) regarding criminal facts is riceed than the former

Article 14(1)(U.S.) (unauthorized mountainous districts) and Articles 54(2)2 and 9(2)1 of the former Forest Protection Act (Amended by Act No. 14519, Dec. 27, 2016) (Unauthorized felling of standing timber)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, seriously damaged protected mountainous districts and preserved mountainous districts, such as planting standing timber and planting grass in forest conservation zones.

It seems that the damaged area is wide, and considerable expenses and periods are required for restoration.

However, there is no past record of criminal punishment since 1986, and there is no criminal record exceeding a fine.

In addition, the defendant's age, occupation, sex, environment, means and result of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc., shall be determined as per the order.