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(영문) 대전지방법원 2019.02.15 2017고정1578

산지관리법위반

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 16, 2016, the Defendant was sentenced to one year of suspension of execution of official duties, etc. at the Daejeon District Court sentenced to one year of imprisonment with prison labor for the crime of obstruction of performance of official duties, and the judgment became final and conclusive on December 24, 2016, and on June 7, 2018, the same court was sentenced to one year and six months of imprisonment with prison labor for fraud, etc., and that judgment became final and conclusive on December 27, 2018.

A person who intends to temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu with regard to mountainous district of a forest which is not a state forest.

Nevertheless, from November 2013 to December 2015, the Defendant opened and temporarily used approximately 240 square meters for work without reporting temporary use to the competent authority in the forest land B in Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Partial statement of the defendant;

1. A certified copy of a location map, old map, field photograph, report on the operation of a forest project, forest project report, forest land register, forest land map, and forestry map;

1. Previous convictions: Each judgment and each case search [the defendant is deemed to have been conducted with the authorization of a forest management plan, and the temporary use report and acceptance of the establishment of a forest management plan is deemed to have been conducted with the authorization of the above forest management plan. Thus, the establishment of a project is lawful, and even if it is unlawful for domestic affairs, since his act was conducted upon the recommendation of the Korea Forest Service that the temporary use report should not be made with the authorization of a forest management plan, and thus, his act was legitimate, and there is a justifiable ground for misunderstanding.¡± In this regard, the following reasons are examined: Article 14(3) of the former Forest Resources Creation and Management Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter “Forest Resources Act”) and Article 14(2) of the same Act (hereinafter “Forest Resources Act”).