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(영문) 대구지방법원 서부지원 2013.12.13 2013고정1238

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall convert a mountainous district for a specified purpose after obtaining permission from competent authorities.

Nevertheless, from April 1, 2013 to around the 8th day of the same month, the Defendant established access roads by cutting down trees and expanding existing mountain paths using power saws and digging machines from the Gyeong-gun, Gyeong-gun, C, and D from around April 1, 2013, without obtaining permission from the competent authorities. From around the 8th day of the same month, the Defendant diverted trees with power saws from E, F, and G to the mountainous district of the area of 4,616 square meters in order to cause forest damage equivalent to KRW 18,54,00,00 by cutting down trees and pine trees with power saws, and maintaining the surface of them.

As such, the Defendant diverted mountainous districts without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the respective laws and regulations on the statement by police to H, I, J, K, and L;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. Articles 70 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;