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(영문) 대전지방법원 2014.04.18 2014고정174
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, but the defendant shall obtain such permission from

9. Until December 27, Daejeon Dong-gu, Daejeon, and approximately 562 square meters of land outside the Dong-gu, Daejeon, the conversion of a mountainous district was carried out by removing boomers so that vehicles can pass on, and arranging the floor.

2. A person who intends to fell standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, but the defendant shall not obtain permission from July 20

9. By December 27, Daejeon Dong-gu, Daejeon and 2 lots of forest land, five part of the fallen leaves, which were planted therein, was cut down.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 54, which is written in the indictment under Article 53 of the Management of Mountainous Districts Act and the selection of punishment for facts constituting an offense, is obvious that it is a clerical error under Article 53;

Subparagraph 1, the main sentence of Article 14(1) (the occupation of conversion of a mountainous district without permission), Article 74(1)3, and Article 36(1) (the occupation of cutting without permission) of the Creation and Management of Forest Resources Act, and the selection of fines, respectively.

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

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

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

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