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(영문) 대전지방법원 서산지원 2019.05.29 2019고단101
산지관리법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

1. Defendant A is an employee of the Dispute Resolution Co., Ltd., and the head of the site office who establishes and manages solar energy facilities established in the Dispute Resolution Co., Ltd.

Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to classification of mountainous district

Nevertheless, on September 6, 2018, the Defendant, without obtaining permission from the competent administrative authority, ordered employees to reduce mountainous districts into the form and quality of mountainous districts, by ordering employees to convert mountainous districts into a c 1,293 square meters, D 960 square meters, E 652 square meters (a total of 2,905 square meters), which deviates from the permission site for the installation of solar power plants.

(b) A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office;

Nevertheless, on September 6, 2018, the Defendant, without obtaining permission from the competent authorities, directed employees of Jinjin-si, F, G, E, and H to cut down 696 parts of pine trees (12-24 cm high-speed 8~13cm high-speed 8~13cm high-speed 12-24cm), and 174 parts (7-10cm high-speed 7-10cm high-speed 8-14cm high-speed cm high-speed 8-14cm high-speed cm) with mechanical saws.

2. B The Defendant, a Defendant’s employee, committed the same offense as that of the Defendant’s business as that of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes, such as a written accusation, a written statement, a survey of actual status, a survey report, etc., the register of corporate register, and a certificate of employment

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (2) 2 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Act on the Establishment and Management of Forest Resources shall be permitted;

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