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(영문) 춘천지방법원 강릉지원 2012.12.26 2011고단606

산지관리법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2011 Highest 606" Defendant is a person who operates Gangnam-si B.

1. A person who intends to collect earth or stone in a mountainous district which violates the Management of Mountainous Districts Act shall obtain permission from the head of a Si/Gun, etc., as prescribed by Presidential Decree;

Nevertheless, on March 201, 201, the Defendant collected 3,000 cubic meters of soil and rocks from the forest with a total of 1,089 square meters of 735 square meters and 354 square meters in Eup and Myeon-si, the same Eup and Myeon-si, without obtaining permission, and carried them out for guest soil.

Accordingly, the defendant collected earth and stones from 3,000 cubic meters without permission to collect earth and stones.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act (the occupation of a mountainous district without permission) shall determine its use and obtain permission from the competent administrative agency;

Nevertheless, from October 2009 to November 201, the Defendant, without permission, extended the access road of about 130 meters in ri F, such as 626 square meters in Gangnam-si, Gangnam-si, without permission. In the event that the forest road in the above forest is narrow and the accident occurred, the Defendant used the cirregator by using the cirrator in a manner that there is concerns over damage to the solar power plant operated by the Defendant located below, thereby reducing the height of the above forest by 2-5 meters in height, 100 meters in length, 3-4 meters in width, and 70 meters in length by lowering the existing floor by 2 meters.

Accordingly, the Defendant, without permission, expanded access roads to forest land of 756 square meters in total, and diverted the use of mountainous districts.

3. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission therefor from the head of the competent Si/Gun, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry

Nevertheless, in the process of expanding access roads without permission, the Defendant removed the roots of 17 glue and glue tree 3 glue trees, which used the sculgator and were planted at the same time, at the time and place under the above paragraph (2).

Accordingly, the defendant cut standing timber that is planted in forest land of 756 square meters in total without permission.