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(영문) 대구지방법원 포항지원 2016.07.13 2016고정93
산지관리법위반등
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

1. The Defendant violated the Management of Mountainous Districts Act, on November 2015, 2015, converted approximately KRW 470 square meters of farmland in North Korea-gu, Mapo-si, North Korea, to farmland development for the purpose of creating farmland.

2. On November 2015, the Defendant violated the Creation and Management of Forest Resources Act, on the ground that, without permission to cut standing timber to a police officer on the ground that the Defendant fells standing timber without permission, on the ground that the Defendant would interfere with the damage of existing seedlings forests and farming houses and farming houses (1.07 square meters at the registered 0.30 square meters), 2 0.39 square meters (2 square meters at the registered : 0.39 square meters at the registered : 1.07 square meters at the registered : 1.07 square meters at the registered : 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation reports (in relation to field investigations into illegal forests damaged areas), investigation reports (in relation to calculation of the amount of forest damage), and the application of statutes;

1. Article 53 subparagraph 1 of the relevant Act on the facts constituting an offense, Article 14 (1) (the main sentence) of the Management of the Mountainous Districts which are subject to the option of punishment, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of illegal felling of standing timber) of the Creation and Management of Forest Resources Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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