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(영문) 춘천지방법원 2015.08.11 2015고정188
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant obtained permission for mountainous district conversion from July 7, 2014 to July 6, 2016 for the purpose of installing educational and research facilities in Gangwon-do.

1. On August 2014, the Defendant violated the Management of Mountainous Districts Act: (a) cut trees by using crums, etc. on the 155 square meters of Gangwon-do, Gangwon-do, which is not a land subject to permission for mountainous district conversion and on the 490 square meters of C forest land, and cut the trees.

As a result, the Defendant diverted mountainous districts without obtaining permission from the competent authorities for conversion of mountainous districts.

2. Around August 2014, the Defendant violated the Creation and Management of Forest Resources Act (hereinafter “The Defendant”) used sckes, etc. without obtaining permission from the competent authority, on trees planted therein at the place specified in the preceding paragraph.

Accordingly, the defendant cut standing timber without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in this court;

1. Each police statement made to D, E, and F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on reference materials for investigation;

1. Article 54 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 54 and 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, the selection of fines for criminal facts;

1. Of concurrent crimes, public prosecutors are charged with the violation of the Management of Mountainous Districts Act and the violation of the Creation and Management of Forest Resources Act on the commercial concurrence. However, the two are concurrent crimes.

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In changing the location of a building originally planned under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, a crime that thins standing timber without permission and secures the site by cutting mountainous districts without permission and cutting out the mountainous districts without permission, and the nature of the crime is not less light, an area for changing the form and quality of the building without permission compared to the permitted area, an area for changing the form and quality of the building without permission, and an area cut after restoration is included.

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