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(영문) 제주지방법원 2019.01.28 2018고단1536
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person shall report to the competent authority to change the form and quality of a mountainous district in order to install facilities for the control and prevention of pests.

Nevertheless, the Defendant, without filing a report on March 31, 2017, temporarily used a mountainous district of approximately 15 cubic meters of total area of 722 square meters, such as cutting and reclaiming 40 pieces of trees, in order to prevent the use of approximately 15 cubic meters of trees, which were planted in the said C forest, as a plastic greenhouse in neighboring land due to natural disasters, etc., during the construction of cutting and reclaiming construction of 40 pieces of trees in order to prevent the use of approximately 15 cubic meters of soil, which was secured by cutting the said B forest, as a construction machine, and electric saw, and cutting down the area of the mountainous district of approximately 15 cubic meters of soil, which was secured by cutting the said B forest, more than 1.1m higher than the ground of the said C forest, and cutting off the surface.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by each special judicial police officer against D and E;

1. A forest survey report and a actual survey report;

1. Cadastral map of damaged point;

1. A statement on calculation of the damaged amount;

1. Application of the Acts and subordinate statutes on photographs, site photographs, and photographs before felling;

1. Article 53 Subparag. 2 of the relevant Act on criminal facts and Articles 15-2(1) of the Management of Mountainous Districts Act (excluding mountainous districts other than preserved mountainous districts): The Management of Mountainous Districts Act was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017. The instant crime was committed inasmuch as the statutory penalty of the former Act is smaller than that of the former Act, and thus, the new Act is applied and the selection of fines is made under Article 1(2) of the Criminal Act.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of cutting down surrounding miscellaneous trees and changing the form and quality of another forest in the course of reclaiming pine trees, as stated in the reasoning of sentencing in Article 334(1) of the Criminal Procedure Act, is subject to reporting on temporary diversion of mountainous districts. However, the Defendant considers that there is no problem due to the lack of explanation from the public official in charge.

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