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(영문) 대구지방법원 안동지원 2016.01.22 2015고정298
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall convert a mountainous district without obtaining permission for conversion of a mountainous district or lumber standing timber without obtaining permission.

On February 1, 2015, the Defendant: (a) destroyed a forest 188 square meters (78 square meters in a cemetery, 110 square meters in a road) in an unlawful manner by leasing a scke with the intent of installing a cemetery and access road on B forest land within the Seocho-dong-si, Seocho-si, without obtaining permission from the administrative authority; and (b) incurred forest damage equivalent to KRW 2,410,880 in total by cutting and leaving the tree 9 and the 5 scke in a total amount of KRW 2,410,880 (forest damage 2,361,00 won in a forest damage).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on land for victims, such as a survey report on actual conditions, a location map and an observation map on damaged land, a certified copy of the GPS drawings, a forest map and the ledger of forest land, a protocol and investigation site, standards for calculating recovery expenses for mountainous districts, a table of standard amount at the market prices

1. The value of standing timber shall be additionally collected pursuant to Article 74(1)3 of the Creation and Management of Forest Resources Act and Article 75 of the Creation and Management of Forest Resources Act for facts constituting an offense (unauthorized felling of standing timber) but no separate penalty shall be imposed in accordance with the principle of disadvantageous changes;

Articles 53 subparag. 1 and 14(1) of the Mountainous Districts Management Act (Unauthorized diversion of 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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