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(영문) 대구지방법원 김천지원 2013.10.16 2013고정447
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types and areas of mountainous districts prescribed by

Nevertheless, the Defendant, without obtaining permission from March 31, 2013 to April 1, 2013, caused human parts D to cut down 9 parts of pine trees and 7 miscellaneous trees located in the Gu, Si, Si, Gu, and Si, using an engine saw, and on April 1, 2013, the Defendant converted the form and quality of mountainous district to convert the mountainous district into a mountainous district without permission by changing the form and quality of mountainous district by letting human parts E cut the said forest by using a cutter and expand it to a farm equal to 146 square meters.

2. A person who intends to cut standing timber, excavate 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;

Nevertheless, the Defendant cut standing timber without obtaining permission from March 31, 2013 to April 1, 2013, by allowing human parts D to cut down nine parts of pine trees and seven parts of active trees, etc. located in the Gu and Si of the Gu and Si of the Si of the Si of the Gu without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the actual condition survey report and Acts and subordinate statutes on site photographs of damaged land;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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