logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.21 2016고정2661
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant

A is an owner of 548 square meters of forest B in Nam-gu Incheon Metropolitan City.

1. A person who intends to convert a mountainous district in violation of the Management of Mountainous Districts Act requires permission from the Minister of the Korea Forest Service, etc., however, the Defendant, from November 3, 2015 to November 27, 201 of the same year, installed three containers by changing the form and quality of the said forest by cutting and raising the ground on his/her own forest land without permission to convert a mountainous district.

On January 7, 2016, the Defendant installed three containers without permission for conversion of a mountainous district in the above forest (after removal of the above container), and installed two new telegraph poles. On April 2, 2016, the Defendant performed activities of converting a mountainous district on several occasions by installing three containers without permission for conversion of a mountainous district in the above forest.

2. A person who intends to fell standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, but the defendant cut five standing timbers without permission from the permitting authority for felling standing timber in the course of illegal deforestation, such as installation of containers at the above place on November 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to field photographs and business trips;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act, and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow