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(영문) 의정부지방법원 2015.05.15 2014고단3343
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

The defendant is a person who operates a training institute with the trade name of "D Training Institute" in Gyeonggi-si C, and is the owner of Gyeonggi-gun E.

1. Any person who intends to convert a mountainous district into a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size

From early July 2014 to July 9, 2014, the Defendant converted mountainous districts into mountainous districts by cutting approximately KRW 6,950 square meters to establish a mountain road and work for visitors to the pertinent training institute, without obtaining permission from the competent authorities, from the Sinmbman F, E, and G, which is a preserved mountainous district.

2. A person who intends to cut standing timber or extract or gather forest products in a violated forest of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

From early July 2014 to July 9, 2014, the Defendant cut 30 parts of forest land, including 9 parts and 21 parts of active trees, without obtaining permission from the competent authorities, for felling standing timber in Pyeongtaek-gun F, E, and G, which is a forest. In order to establish a mountainous district as a mountain path and work for visitors to the pertinent training institute operated by the Defendant, the Defendant cut 30 parts of forest land without permission.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Map of location, forest land register, certificate of land use plan, illegal district map, report on calculation of damage from mountainous district conversion, public notice of the amount of damage from mountainous district conversion, detailed statement of calculation of damage from standing timber, field inspection camping place, field photo, business trip name, etc., and land use planning confirmation personnel;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Land Use Planning Confirmation Board);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 53 and Article 14 (1) of the Management of Mountainous Districts Act (the occupation of a mountainous district without permission and the selection of imprisonment), creation of forest resources for criminal facts;

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