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(영문) 대구지방법원 상주지원 2014.06.10 2013고단544
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district for installation of facilities prescribed by Presidential Decree, such as warehouses, collection centers or processing facilities of agricultural or fishery products in violation of the Mountainous Districts Management Act, and persons who intend to temporarily use a mountainous district for installation of minor facilities or creation thereof shall report

Nevertheless, on July 5, 2013, the Defendant, without reporting to the permanent city Mayor, set up a warehouse and a dump for the purpose of storing agricultural materials necessary for the cultivation of lost trees, such as dump trees, in the Defendant’s wife C-owned forest land located in B, and installed a dump, which is an agricultural water development facility, for the purpose of cultivating agricultural crops in the forest, and installed a dump for the purpose of cultivating mountain ginseng.

As a result, the Defendant used mountainous districts to convert or temporarily use mountainous districts for the amount equivalent to 164,260,000 square meters in total in size of 10,980 square meters.

2. Any person who intends to cut standing timber 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, the Defendant, without obtaining permission for a permanent sales market, cut down by using 181 , 9 , 8 , 1 , 1 , 38,000 , 26.24 , 38,000 , total 26.24 , 26.24 , 38,000 , 38,00 , 1,000 , 26.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Survey map of each damaged area;

1. Statement of the calculation of forest recovery expenses;

1. Each protocol of standing timber;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 55 subparagraph 1 of the relevant Act and the former part of Article 15 (1) of the Management of Mountainous Districts Act (including where a mountainous district is converted without filing a report) concerning criminal facts and the former part of Article 15 (2) of the Management of Mountainous Districts Act, subparagraph 2 of Article 55 and the former part of Article 15-

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