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(영문) 창원지방법원 진주지원 2018.12.13 2018고정231
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

C is a person operating “D”, and Defendant A is a person who has delegated the installation work of a cemetery to C as the owner of a forest E in the Hanam-dong, Hanam-gun.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree by determining the purpose thereof, and a person who intends to fell standing timber in a forest shall obtain permission from the competent administrative agency, and shall not move pine trees, such as infected trees, in an area where the felling of pine trees is prohibited.

1. The Defendant violated the Mountainous Districts Management Act, in collusion with C on May 15, 2017 and on the 16th day of the same month, converted the use of a cemetery by cutting off part of the forest land E in the Gyeong-dong, Gyeongnam-gun, without obtaining permission to convert the mountainous district, and installing a cemetery by cutting off the ground.

2. C in violation of the Creation and Management of Forest Resources Act cut one pine tree at the same time and at the same place without obtaining permission from the competent authorities, and Defendant A, his employee, committed the above violation in relation to the Defendant’s work.

3. Violation C of the Special Act on the Prevention of Cirical Diseases from pine wilt C has moved to a name-free person who was cut, as described in paragraph (1), even though the forest was a zone where pine tree irs are prohibited from withdrawal, and Defendant A has committed the above violation in relation to the Defendant’s duties at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A survey report on actual conditions;

1. Location map of illegally damaged areas of forests, data on the survey of TPPS in illegal damaged areas, and scenery prior to illegal forest damage;

1. Current status of designation of an area where removing pine trees is prohibited, forest register, and certified copy of the register;

1. A dispatch out of a forest fire;

1. A certificate;

1. Application of Acts and subordinate statutes to the report of investigation;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the same Act concerning the facts constituting an offense;

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