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(영문) 대전지방법원 천안지원 2016.01.07 2015고정1031
산지관리법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 2015, the Defendant suffered damage to a mountainous district equivalent to KRW 203,00,000 for the calculation standard of expenses for restoring mountainous district in the Korea Forest Service, on the ground that, in order to prevent the outflow of earth and sand, the Defendant used excavation devices to store cut, embling, and pulmonary fish with 47 square meters in Nam-gu, Nam-gu, Chungcheongnam-gu, Seocheon-gu, Seoul with no permission to convert a mountainous district into 47 square meters, and caused damage to a forest equivalent to KRW 204,00 for the purpose of preventing the outflow of earth and sand. During that process, the Defendant illegally cuted five standing timber standing trees ( incumbent 0.1 cubic meters), which were born within the said mountainous district, and caused damage to a forest equivalent to KRW 1,00,000, which is the standard market value of the forest trees publicly notified in Seoan-gu, by illegally cutting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a survey report on actual condition;

1. Entry into the forest register;

1. Application of each video statute in the location map, the site photograph of the case, and cadastral map;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment (Unauthorized Mountainous Districts and Selection of Fines) concerning the facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (the occupation of felling unauthorized trees 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant’s damage from the diversion of unauthorized mountainous districts and the deforestation of forest trees reaches KRW 204,000; (b) the Defendant was sentenced to a fine four times due to the crime of this type; (c) on the other hand, the Defendant appears to have been partially restored; (d) the Defendant appears to have been punished for the same kind of crime or has no record of criminal punishment exceeding a fine; (e) the Defendant’s recognition of the crime and reflects the Defendant’s age, sexual behavior, environment, etc.; and (e) the sentence is determined as ordered in consideration of

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