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(영문) 제주지방법원 2016.07.06 2015고단1759
산지관리법위반
Text

Defendant

A Imprisonment with prison labor and fines of 20,000,000 won, and Defendant B shall be punished by fines of 40,000,000 won.

Reasons

Punishment of the crime

1. On February 25, 2016, Defendant A was sentenced to imprisonment for four months with prison labor and four months with prison labor at the Seoul Central District Court, and the said judgment became final and conclusive on March 4, 2016.

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

Nevertheless, around August 2015, the Defendant removed miscellaneous trees without obtaining permission from the competent authorities in the Do Forest in Jeju-si, Jeju-si, and converted a mountainous district of approximately 4,531 square meters into a mountainous district by cutting and embankinging the stone on the floor by cutting and embankinging the stone on the ground by using the flag.

2. Defendant B, who was an employee of the Defendant, diverted the mountainous district without obtaining permission at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the legal statement of witness E;

1. Investigation reports (on-site inspections reports), drawings for land use plans, and site photographs;

1. An investigation report (on the second on-site verification report), NAV airline cadastral editing drawings, on-site photographs;

1. Investigation report (verification report, such as land registers, etc.), actual survey report, and on-site photographs;

1. A report on investigation (the details of calculation of areas damaged by forests and amounts of damage), map of areas damaged by forests, and a detailed statement of computation of amounts of damage;

1. A certificate for all the registered matters, a real estate transaction contract, a certificate for all the registered matters, and a certified seal imprint;

1. A certified copy of the register (F through G at the time of proposal);

1. Previous convictions in judgment: Inquiry about criminal history and application of the text of judgment (Seoul Central District Court 2015 High Court 4842 High Court Decision 4842);

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Mountainous Districts Management Act; Defendant B stock company concurrently with imprisonment and fines: Articles 56 and 53 subparag. 1 and the main sentence of Article 14(1) of the Mountainous Districts Management Act;

1. Concurrent Crimes Handling (Defendant A): Article 37 of the Criminal Act; Provided, That Article 39 (1) of the Criminal Act shall apply;

1. Attraction of a workhouse (Defendant A): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order:

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