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(영문) 춘천지방법원 강릉지원 2013.07.03 2012고단716
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry

Nevertheless, the Defendant, without obtaining permission from January 7, 2012 to November 11, 201 of the same month, extracted 4 parts of pine trees from Gangseo-si Forest, and cut 4 parts of pine trees and 4 parts of pine trees.

2. Any person who intends to convert a mountainous district into a violation of a Mountainous Districts Management Act shall determine its use and obtain permission from the Minister of the Korea Forest Service

Nevertheless, the Defendant, without obtaining permission from the Minister of the Korea Forest Service from January 7, 2012 to November 11, 2011 of the same month, diverted 12 standing trees, including 8 pine trees, which were born therefrom, by using scrails, heavy equipment, work seal, etc. in order to develop mountainous districts into dry field and use mountainous districts as dry field from Gangnam-si D 1,075 square meters and C37 square meters between Gangnam-si and Gangnam-si, and diverting mountainous districts by changing the form and quality of mountainous districts.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement of witness F in the third protocol of the trial;

1. Each legal statement of witness G and H;

1. Examination protocol of the accused by prosecution;

1. Details of withdrawal, surrendering, forest damage, and application of Acts and subordinate statutes on-site photographs;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (wholly amended by Act No. 11352, Feb. 22, 2012); Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act (wholly amended by Act No. 11352, Feb. 2, 2012); and the selection of fines for each crime [The following are considered: (a) the Defendant partially or mistakenly commits a crime; (b) the area of the mountainous district damaged by the Defendant is not wide and the area of the mountainous district is not wide; and (c) the fellingd trees are relatively small, etc.];

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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