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(영문) 울산지방법원 2019.06.12 2019고합114
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission from the Minister of the Korea Forest Service in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and shall not convert a mountainous district without permission therefor

In addition, a person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office, and shall not fell standing timber without such permission.

Nevertheless, from the end of 2017 to the beginning of July 2018, the Defendant changed the form and quality of the mountainous district by cutting down standing trees, such as c, D, E, and F forest, which were planted in the above forest and fields without obtaining permission from the competent authority, cutting down standing trees without permission, cutting the ground thereof, piling up stone, and opening a waterway.

As a result, the Defendant committed an act of cutting standing trees, etc. without obtaining permission from the competent authorities, and converted a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (including attachment to the land use planning institute (including the attached land use planning institute);

1. Accusation against forest tort, details by parcel number of forest damaged land, location map, field photographs, forest register of persons to be registered, full certificates of each registered matter, and application of field photographs Acts and subordinate statutes;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of conversion of a mountainous district without permission and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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