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(영문) 전주지방법원 정읍지원 2021.01.21 2020고단455
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

A. On February 2, 2014, the Defendant opened an access road (2mb and 215mb in length) equivalent to a total of 430m2 square meters for the purpose of facilitating the movement of the said reclaimed dry field into a dry field and converting mountainous district into mountainous district in order to develop the land as a spagator without permission from the competent administrative authority, and install a spag, one unit, and divert a mountainous district in a total of 3,335m2.

B. On January 2015, the Defendant: (a) removed miscellaneous trees in order to plant a Do log in the forest B located in the Go Chang-gun, Chungcheongnam-gun, North Korea, which is a mountainous village, in spring 2015; (b) converted the use of mountainous districts equivalent to 22,420 square meters in total; and (c) opened an access road equivalent to 504 square meters in total (2 meters in width and 252 meters in length) in order to take out the said miscellaneous trees.

(c)

On January 2016, the Defendant: (a) removed miscellaneous trees in order to plant a Do log in the ancient-gun C and D forest located in North Korea, which is a mountainous village for quasi-preserved; (b) converted the use of mountainous districts equivalent to 11,190 square meters in total; and (c) installed 4 and one toilet in the same Gun forest located in the same Gun B without permission of the competent administrative agency; and (d) converted the use of mountainous districts into a Do basin, etc. without permission of the competent administrative agency.

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the Mayor of a Special Self-Governing City, the Special Self-Governing Province, the head of a Si/Gun/Gu, or the head of a local forest office, as prescribed by Ordinance of the Ministry of Agriculture and Forestry, for felling standing timber or extracting or gathering forest products within a forest.

Nevertheless, from the beginning of December 2017 to around one month, the Defendant engaged in 20 gall trees with approximately KRW 2,000 square meters of high-unit trees C forest land in North Chang-gun, North Korea, without permission.

Summary of Evidence

1. Statement by the police about the defendant's partial statement E;

1. The actual survey report;

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