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(영문) 대전지방법원 천안지원 2015.01.22 2014고단1375
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office on November 201, 2013; however, the Defendant cuts standing timber of 178 weeks in total without permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office on a scale of 852 square meters and a forest of 1,056 square meters in a forest

2. A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, but the defendant starting from January 2014 to the same year.

2. From the 3,037 square meters in forests in B, the 1,506 square meters in forests in C, the 5,349 square meters in forests in D, and the 3,956 square meters in forests in E, and the conversion of a mountainous district was conducted without obtaining permission for conversion of a mountainous district, such as creating a mushroom experience site by using a excavating machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, damage calculation report, illegal diversion status map, degree of illegal felling of standing timber, field photographs of case land, investigation report (verification of failure to recover from mountainous district damage);

1. Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act concerning criminal facts, subparagraph 1 of Article 53 and Article 14(1) of the Management of Mountainous Districts Act, and each imprisonment with labor shall be selected for the violation of the Management of Mountainous Districts Act; however, a fine shall be imposed concurrently, considering the wide area of the mountainous district unlawfully used for the violation of the Management of Mountainous Districts Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Concurrent punishment shall be imposed after the punishment is aggravated)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The suspension of execution is based on the fact of a crime under Article 62 (1) of the Criminal Act and there is no record of punishment exceeding the fine, and efforts for reinstatement;

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