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(영문) 대전지방법원 논산지원 2016.03.29 2016고정26
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the incorporated foundation B's wood.

Any person who intends to divert or cut standing timber in a mountainous district shall obtain permission from the competent authority.

Nevertheless, the defendant

A. On September 2012, 2012, the Hannam-gun C, which did not obtain permission to convert mountainous districts, used concrete packaging in the parking lot and installed a garage using steel frame to divert the inconvenience of church believerss without obtaining permission to convert mountainous districts, and used a 203 square meters of forest land without permission; and

B. On September 2012, 2012, the first police officer cut standing timber of 7 gyp trees without obtaining permission to cut standing timber.

Therefore, the forest damage amounting to KRW 879,00 on the basis of the fixed amount of expenses for restoring mountainous districts for approximately 203 square meters in a mountainous district, which has changed the form and quality of a mountainous district without permission, and KRW 6,000 on the basis of the market price of approximately KRW 879,000, and KRW 6,000 on the basis of the standard amount of damage on the trees 7glus

Summary of Evidence

1. Statement by the defendant in court;

1. Guidance for cadastral purposes and current status map;

1. Basis for calculating forest damage;

1. Application of statutes on site photographs;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment Act (unauthorized mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) concerning the facts constituting an offense, and the selection of fines, respectively;

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

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