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(영문) 춘천지방법원 속초지원 2019.05.15 2018고단322

산지관리법위반

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

Anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2014, changed the form and quality of the forest and converted the use of 149 occine trees (3.739 metres) by cutting down 149 occine trees (the total number of standing timber trees: 3.7399 metres) to create dry field on the 1,360 square meters of forest land located in Gangwon-gun, Gangwon-gun, Gangwon-gun, Gangwon-do, and making it smooth

Summary of Evidence

1. Defendant's legal statement;

1. The application of the actual condition survey report, location map, lot number report of illegal forest damaged area, survey result map of illegal forest damaged area, ledger of illegally damaged area of forests, details of calculation of forest damage amount, survey place of damaged area, protocol of survey on damaged area, incumbent weight tag, and statutes of the fluence table;

1. Article 6 of the Addenda to the Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 subparagraph 1 of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016) and the main sentence of Article 14 (1) of the former Management of Mountainous Districts Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the following conditions of sentencing, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, shall be determined as ordered in consideration of the following conditions of sentencing.

The favorable circumstances: The defendant admits his mistake and the defendant does not have the same criminal records.

After the detection of the instant case, the Defendant took measures to restore part of the instant mountainous district to its original state by planting trees, such as trees, on an area of up to 1/2 of the instant mountainous district.

Unfavorable circumstances: The area of the damaged mountainous district is not small due to the instant case.