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(영문) 청주지방법원 충주지원 2016.11.25 2016고단639

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to temporarily use a forest road for committing crimes, forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest trails, or other similar purposes for purposes shall report thereon to the Minister of the Korea Forest Service, etc.;

Nevertheless, the Defendant, without filing a report on temporary use for planting tree trees for the purpose of planting them, opened a total of 5,330 square meters in mountainous districts located in B, Chungcheongnam-si, Chungcheongnam-si for two days from the lower police officer on December 2, 2013 and temporarily used mountainous districts.

2. A person who intends to temporarily use facilities for temporary agriculture, forestry and fishery, and facilities for simple agriculture, forestry and fishery purposes, other than those subject to a permit to construct or report on construction of crimes, shall report thereon to the Minister of the Korea Forest Service;

Nevertheless, on March 2016, the Defendant did not report temporary use of mountainous districts and set up at the place specified in paragraph (1) to temporarily use mountainous districts, a Hassk for cultivating spaths at will.

Summary of Evidence

1. Defendant's legal statement;

1. Acceptance of reports on forest management plans, forest management plans, forest management plans, and field photographs;

1. Application of Acts and subordinate statutes governing the calculation of actual survey report, location map, airline dust, and publicly notified recovery expenses by the Korea Forest Service, 2013;

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act and subparagraph 1 and 7 of Article 15-2 (2) of the Management of Mountainous Districts Act (elective Selection of Fines) concerning facts constituting a crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A normal situation in which the Defendant did not report and the area of the temporary use is considerably wide: The Defendant recognized the instant crime; the Defendant received restoration completion from the Chungcheong City for the temporary use of the mountainous district; the residents nearby the forest of this case wanting to have the Defendant’s wife; and the Defendant.