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(영문) 의정부지방법원 2018.04.04 2018고정265
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, without obtaining permission from the competent authorities on February 2016, the Defendant cut 342 large-scale trees, 63 parts, 81 parts, and 6 parts of active miscellaneous trees without permission from the competent authorities.

2. In order to create forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest paths, and other similar mountain paths in violation of the Management of Mountainous Districts Act, a report on temporary use of mountainous districts shall be filed with the competent administrative agency and the same shall also apply to any modification to reported matters;

Nevertheless, the Defendant exceeded the area originally reported without reporting the temporary use of the mountainous district to the competent authority, and created a work road in the area of approximately 344 square meters at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 74(1)3, Article 36(1) (unauthorized trees) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and the former part of Article 55-2 and Article 15-2(2) of the Mountainous Districts Management Act (a point created as a result of unreported work), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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