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(영문) 대구지방법원 2017.07.05 2017고정1029

산지관리법위반교사등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, from November 19, 2016 to December 20, 2016, the Defendant maintained approximately 1,349 square meters of mountainous districts without obtaining permission from the competent authority in order to install a ostrine president in Gyeonggi-si B and C, thereby converting the use of mountainous districts into mountainous districts.

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Food and Agriculture, if he/she intends to fell standing timber or extract or gather forest products in a forest;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, cuted 22 parts of trees, including 4 pieces and 18 pieces of live trees, without obtaining permission from the competent authorities, while converting the use of the excavated machine into a mountainous district, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the results of on-site verification of sites for national forests, survey result map, local photograph, confirmation letter, order to recover illegal mountainous districts for exclusive use, and notification of completion of restoration of illegal mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Article 14 (1) (the main sentence) of the Mountainous Districts Management Act (the illegal use of mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of unauthorized felling of standing timber) concerning the selection of fines, and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;