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(영문) 제주지방법원 2015.04.08 2014고단1748
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority for its use;

Nevertheless, from around 08:00 on September 15, 2014 to around 11:30 on the following day, the Defendant converted the use of mountainous districts by changing the form and quality of land equivalent to the aggregate of 4,413 square meters of the area of the above forest land, which is a mountainous district, by using heavy equipment, such as digging machines, etc., under the pretext of clean disposal of forest land without obtaining permission from the competent authority, and removing miscellaneous trees, etc., which were born in the above forest under the pretext of clean disposal of forest land, and cutting and banking the relevant land.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant arbitrarily cut 19 c tree worth 17-4.5 cm in the above forest without obtaining permission from the competent authorities in the time, place, and place described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Statement to E by the police;

1. A written statement of work officers who are written in F;

1. The actual condition survey report;

1. A report on investigation (specific as damaged area), investigation report, and confirmation of land category;

1. On-site photographs, on-site photographs, and daum maps, comparative photographs, dum map-satellite photographs;

1. The application of statutes to the calculation table of damaged standing timber, the calculation statement of unit cost of standing timber, and the calculation statement of damaged amount;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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