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(영문) 청주지방법원 2015.11.27 2015고정911
산지관리법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was the head of C's headquarters that implements drainage construction of forest land B in Modsan-gun.

1. A person who intends to convert a mountainous district shall obtain permission from the competent authority. On September 2014, 201, the Defendant, while carrying out construction works, such as access roads, etc. at the site of construction works for drainage conduits B Co., Ltd., Mansan-gun B, Mansan-gun, Inc., Ltd., the Defendant converted a mountainous district into a mountainous district to require KRW 3,523,000 for restoration expenses, by removing standing trees, etc. and making use of heavy equipment, such as digging machines, etc., and

2. A person who intends to cut standing timber in a forest shall obtain permission from the competent authorities. However, on September 2014, the Defendant cut standing timber without obtaining permission to cut standing trees at the construction site, such as access roads, while performing construction works, such as access roads, by cutting 109 standing timber, such as pine trees, etc., which were cultivated at the said site by cutting down 102,000 won of standing timber damage, without permission, to ensure that the amount of KRW 502,00 is required.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect prepared by special judicial police officers against the accused;

1. A survey report on actual conditions, a report on calculating the amount of forest damage, and the grounds for calculating the damaged area;

1. Location map of damaged area and application of the statutes on the site of photograph of damaged area;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act on criminal facts, and Articles 74 (1) 3 and 36 (1) of the former Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014; hereafter the same shall apply in force on September 12, 2014);

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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