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(영문) 대구지방법원 상주지원 2016.12.20 2016고단470

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 2016, the Defendant violated the Management of Mountainous Districts Act: (a) changed the form and quality of a mountainous district and temporarily used the mountainous district by cutting or banking up approximately KRW 5,070 square meters in the aggregate of mountainous districts using a chiller to develop forest roads by expanding existing mountain paths without reporting it to the competent authorities in D and E at a permanent domicile.

2. The Defendant, in violation of the Creation and Management of Forest Resources Act, cut 59 dives and 14 dives of dives without obtaining permission from the competent authorities at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions for facts constituting an offense, and subparagraph 2 of Article 55, the former part of Article 15-2 (2) (the occupation of temporarily using a mountainous district without reporting), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting standing timber without permission), the selection of fines for each crime (the fact that the defendant has no previous department, has completed restoration, the fact that the defendant has completed restoration, the fact that the crime has been divided and reflected, the circumstances, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;