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(영문) 광주지방법원 2018.05.18 2018고정231
산지관리법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant manages forest land 2,062 square meters located in Gwangju Dong-gu, Gwangju, Dong-gu.

1. Violation of mountainous district management;

(a) A person who intends to divert a mountainous district, such as a vinyl house, shall obtain permission from the competent administrative agency according to the classification of the types, areas, etc. of the mountainous districts, specifying the purposes thereof;

Nevertheless, in order to cultivate crops in the above forest in spring in 2014 through spring in 2017 without permission from the head of Dong-gu in Gwangju Metropolitan City, the Defendant cut one plastic house with a height of 3,00 square meters and one stable with a size of 54 square meters in size by cutting the slope of 117 square meters and the height of 1.5 square meters in height of 1.5 square meters, and installed one stable with a size of 54 square meters in size, and converted a mountainous district with a total of 925 square meters in size without permission by cutting the slope level of 754 square meters in size.

(b) A person who intends to temporarily use a mountainous district for the purposes of creating a work road established through work shall report it to the competent authority;

Nevertheless, without reporting to the competent authority, the Defendant temporarily used mountainous districts without reporting the width of 1.5 square meters, 39 square meters of the width of 1.5, 39 square meters of the Act on the Management of Land, etc., and 98 square meters of the size of 98 square meters of the area (math 54 and 44 of the pool).

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

Nevertheless, the Defendant, as in paragraph 1, cut 2 parts, such as pine trees, without permission from the head of Dong-gu Seoul Metropolitan City, Dong-gu.

Summary of Evidence

1. Part of the defendant's legal statement (this regard to the establishment of one vinyl house and one stable);

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police for E;

1. Investigation report (the area for exclusive use in the mountainous district and the height of cutting), investigation report (the specific type of trees cut);

1. Location map;

1. As to the act of converting lost trees into mountainous districts by planting lost trees, the Defendant is seriously heavy rain and typhoon in 2013 and pulse trees, etc. and roots.

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