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(영문) 대전지방법원 논산지원 2018.07.10 2018고단116
산림자원의조성및관리에관한법률위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the Mayor of the relevant Special Self-Governing City, the Mayor of the relevant Special Self-Governing City, the head of the relevant Si, the head of the relevant Gun,

On November 24, 2016, the Defendant cut 189 parts of standing timber, such as processed trees and active trees, from a forest on the surface of 4,79m2 square meters located in the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the 2016, on the ground that the land rearrangement obstacles are removed and the surrounding landscape are adjusted during the period from July 2017 to October 10 of the same year, the Defendant, without obtaining permission to convert the mountainous district of the forest of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the 2016, on the ground that the land was created by obtaining a building permit from the mayor of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to calculation data, such as a survey report on actual conditions, a location map, a survey map on the current status of a site for the entire site without permission, the details of calculation of damage amount of the entire site without permission, a price protocol of damage

1. Article 74 (2) 2, Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) concerning facts constituting an offense, and Article 53 Subparag. 1, and the main sentence of Article 14 (1) of the Mountainous Districts Management Act (limited to mountainous districts, other than without permission, preserved mountainous districts);

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized, the damaged forest restoration to its original state, and the same type of criminal records.

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