beta
(영문) 대전지방법원 서산지원 2018.02.20 2017고정322

산림자원의조성및관리에관한법률위반

Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on September 2017, the Defendant cut trees and other active trees at a place with permission for the reclamation of B in Seocho-si, Seocho-si, 201, without obtaining permission from the competent authorities, and suffered damage equivalent to KRW 36,50,00 in total of KRW 141,470 in forest recovery expenses, and KRW 104,970 in total, while cutting down trees and other active trees at a place with permission for the reclamation of B in Seocho-si, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Records and results of the fact-finding survey, a location map of the actual condition, and photographs of the forest damaged area;

1. A plan to investigate whether illegal timbering areas are appropriate, to investigate standard land prices, to prevent damage, and to recover from damage;

1. Application of Acts and subordinate statutes concerning land use plans, forest and forest registers, certified copies of forestry map, and certified copies thereof;

1. Article 74 of the Creation and Management of Forest Resources subject to criminal facts, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources subject to the option of punishment, and the selection of fines;

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;