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(영문) 전주지방법원 남원지원 2018.01.23 2017고단255
산지관리법위반등
Text

The sentence against the accused shall be seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Mountainous Districts Management Act is the owner of Net Chang-gun C, D, and E, which is a quasi-preserved mountainous district, and F is owned by the Defendant’s father G. Meanwhile, on November 7, 2016, the Defendant reported the temporary use of mountainous district under the condition that it does not involve any change in the form and quality of the mountainous district for the cultivation of landscape trees.

Nevertheless, the Defendant, from around November 2016 to the end of January 2017, 2017, ordered the 12,226 square meters of the above C and 3 parcels, among the above three parcels, to use the equipment among the equipment, such as pokes, by removing booms and ornamental trees in the forest, and destroying the booms, and then cutting down the mountainous district and cutting down the mountainous district, and thereby converting the use of mountainous district into mountainous district by altering the form and quality of the mountainous district, such as creating a stone to cut the mountainous district, or installing a drainage channel and a water collection correction.

2. On December 2016, the Defendant violated the Creation and Management of Forest Resources Act: (a) cut standing timber equivalent to 111 cubic meters of timber, such as 2gs and remaining trees, by using mechanical saws, without obtaining permission from the competent administrative authority, from the Seocho-gun C around the beginning of the year.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and accompanying documents;

1. Application of Acts and subordinate statutes to survey reports on actual conditions and accompanying documents;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment Act (unauthorized mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) concerning the facts constituting an offense, and the selection of fines, respectively;

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. Article 75 (2) and (1) of the Creation and Management of Forest Resources for Additional Collection Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows, and the age, occupation, sex, family relationship, and the period after the crime is committed.

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