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(영문) 제주지방법원 2015.03.26 2015고단209

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission from the competent market in cases of a mountainous district of which the size of the mountainous district is less than 500,000 square meters according to the classification of types, sizes, etc. of the mountainous districts prescribed by the Enforcement Decree of the Mountainous Districts Management

Nevertheless, from September 21, 2014 to March 30 of the same month, the Defendant, without obtaining permission from the Jeju City market, cut the area of approximately 10,486 meters of the area in Jeju-si B, C, and D, which is owned by the Defendant, and converted the use of mountainous districts to make the amount of KRW 29,765,00 of the damage recovery cost by organizing the ground and making use of one scke and one scke for the purpose of creating grassland for raising horses in forests and fields, the area of which is about 10,486 meters.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by the Enforcement Rules of the Creation and Management of Forest Resources Act;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1 as above, extracted about 50 knives from the Jeju market without obtaining permission, using one knives, one knives and one knives, and cut down standing timber equivalent to KRW 112,00,00 in the estimated standard market value, such as reclaiming.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of the report on forest damage, the actual condition survey report, the cadastral map photograph, the aerial photography, and the actual condition survey photograph;

1. Statement of the police statement of E;

1. Investigation report (report on the first on-site verification status), photographs;

1. Land cadastre, cadastral map, and land use plan;

1. Application of Acts and subordinate statutes to the calculation sheet of the damaged amount, the forest damage area map, and the calculation sheet of the damaged amount;

1. Relevant Article on criminal facts and the selection of punishment: Subparagraph 1 of Article 53, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 of the Creation and Management of Forest Resources Act;