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(영문) 전주지방법원 군산지원 2018.01.26 2017고단1133
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall 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.

Nevertheless, the Defendant, from around October 2016 to February 2017, without obtaining permission from the head of the forest office, etc., and converted the use of trees to use as farmland for 4,000 square meters of Gunsan-si, D, E, and F forest owned by B, which is his/her her her dynamics, by cutting trees by using digging machines, etc. for the purpose of using them as farmland and cutting earth and rocks, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes on airlines or photographs;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) on criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act shall be concurrently sentenced to imprisonment with prison labor and a fine;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The assertion;

A. (1) The Defendant, from September 201 to April 2003, 200, laid a fence around the Gunsan City C, D, E, and F (hereinafter “instant land”), laid down a stable from the time around 200 to 30 did so, raised a black chloro 30 to 50 to 10 to 10 to 50 to Y, and registered part of the instant land as farmland source after registering as an agricultural business entity around 201 and checking the site by a public official in charge on April 2015. On December 2016, 201, the Defendant registered part of the instant land into the farmland source register as to the remainder of the land that was additionally planted as potable trees and ornamental trees.

(2) Article 2 Subparag. 2 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 28088, Jun. 2, 2017); “Land within a fence of a building where bamboo is growing” and land category, regardless of whether it is land category.

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