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(영문) 전주지방법원 군산지원 2016.01.25 2015고정475

산지관리법위반등

Text

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

The Defendant is the owner of C forest land of 4,760 square meters in North Korea, North Korea, in Seoul Special Metropolitan City.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority by specifying its use;

On January 2009, the Defendant: (a) damaged the 4,014 square meters out of the above forest land, such as removing trees by using spaculers without obtaining permission in mind that he will grow as farmland; and (b) damaged the 4,014 square meters out of the above forest land, and converted the use of mountainous district.

2. A person who intends to fell standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

The Defendant cut standing timber (total registered 4.26 cubic meters) in volume without obtaining permission at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 Subparag. 1 and Article 14(1) of the Management of the Mountainous Districts Act (Amended by Act No. 10331, May 31, 2010) regarding criminal facts; Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014);

1. Selection of each alternative fine for punishment;

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;