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(영문) 대구지방법원 경주지원 2015.11.11 2015고단586
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, from early April 2015 to the 20th day of the same month, the Defendant diverted the total area of 1,290 square meters by, without obtaining permission for mountainous district conversion from the mountainous district in the race city B, for the purpose of creating a mountain channel around the housing.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, the Defendant cut 43 parts of fallen leaves, which were planted in B without obtaining permission for cutting standing timber at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to criminal geographical report, illegal mountainous district photograph, illegal forest damage district map, calculation details of damage to illegal mountainous district, standing timber damage and damage calculation details, public notice of the Korea Forest Service, standing timber re-survey report, etc., forest land register, copy of the forest register, notification of approval for use of buildings, etc., consultation on conversion of mountainous district, written application for permission for conversion of mountainous district, relevant statutes, family relation certificate, suspect housing survey report

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of Mountainous Districts Act (the occupation of conversion of a mountainous district and the selection of a fine), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down standing timber and the selection of a fine) concerning facts constituting an offense;

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

1. Articles 70 (1) 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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