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(영문) 춘천지방법원 영월지원 2015.05.12 2014고단14
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to temporarily use minerals, such as extraction, etc. under the Mining Industry Act in violation of the Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of types,

Nevertheless, on November 20, 2013, the Defendant opened a temporary road on a mountainous district of 1,642 square meters in the area of 1,642 square meters by using the excavation cutting machines and drilling equipment, etc., and made the Defendant take up KRW 24,564,320 of the restoration cost.

Accordingly, the defendant temporarily used the land without permission for temporary use.

2. A person who intends to cut standing timber or extract 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, on November 20, 2013, the Defendant extracted three parts of active trees (standing timber damage amounting to KRW 8,840) brought up in the forest by using digging cutting machines and drilling equipment, etc., without obtaining permission from Gangwon-gun C around November 20, 2013.

Accordingly, the Defendant extracted forest products without permission from the head of the Si/Gun/Gu or the head of the regional Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the field map of forest damage, the location map, the report on the calculation of the amount of damage from illegal deforestation and forest, the estimated sale price rating report of forest products, and the warning picture of damaged area;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 53 subparagraph 2 of the relevant Act on the facts constituting an offense, subparagraph 2 of Article 53 of the Management of Mountainous Districts Act, Article 15-2 (1) (the occupation of temporarily using a mountainous district), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting standing timber permitted) of the Management of Mountainous Districts Act,

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

1. The act of illegally developing a mountainous district, such as the crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act, can cause serious damage to the natural environment and large-scale disasters.

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