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(영문) 수원지방법원 성남지원 2015.11.26 2015고단2327

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

The Defendant, from February 2004 to December 201, 2014, is the owner of the Gyeonggi-si B Forest (hereinafter “instant forest”) in Gwangju-si (hereinafter “instant forest”), who has obtained authorization of the forest management plan for the renewal of tree species from Gwangju-si in terms of trees.

1. Violation of the Mountainous Districts Management Act;

(a) A person who intends to establish forest products transportation routes, etc. on the forest land for which he/she intends to implement a forest management plan shall file a report on temporary use of the forest with the competent authority, when he/she intends to build forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, mountain trails, and forest paths, or other similar mountain paths in mountainous districts which are not state forests, without obtaining authorization for the alteration of the forest management plan or approval therefor;

Nevertheless, the Defendant, on April 207, without obtaining authorization from the competent authority on a forest management plan (revision) or filing a report on temporary use with the competent authority, created a forest product transport with the size of 763 square meters, which is 177 mp. 2.5-7m m. and 763m. from the instant forest land, using the digging machine, and extended from September 201, the forest of this case to the transportation of the said forest products with the length of 197m, 2.9-8m. and 921m in size by the aforementioned method. On May 2012, the Defendant created a forest product transport with the transportation of the said forest products by arbitrarily expanding it to the transportation of the said forest products with the length of 169m, 3.8m m. and 998m m. from the street width to the transportation of forest products.

(b) Any person who intends to divert a mountainous district shall obtain permission from the competent authorities;

Nevertheless, the Defendant, without obtaining permission from the competent authority on September 207, in the instant forest, in a way that dump trucks and refracks trees using dump trucks and refrackers with a height of approximately 1m with a 963m square meters using a dump truck and refrackers, etc., in a manner that arbitrarily created the site in the instant forest by spreading the said site to be converted into the housing site, etc., and (1) around September 10 to September 201, the instant forest is located in the instant forest.

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