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(영문) 의정부지방법원 2019.08.29 2019고정912
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

Gyeonggi Hyeong-gun B is a forest owned by Pyeongtaek-gun as public property.

1. Any person who intends to convert a mountainous district shall determine its purposes and obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, around 2016, the Defendant opened and repaired the Defendant’s parent cemetery in the above forest and field, and converted the use of the said forest and field to cut up three square meters without obtaining permission from the Minister of the Korea Forest Service, etc.

2. Any person who intends to cut standing timber 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;

Nevertheless, on around 2016, the Defendant cut standing timber around the cemetery while opening and repairing the cemetery in the above forest and fields without obtaining permission from the head of Si/Gun. On March 2018, the Defendant cut down standing timber around the cemetery and cut down standing timber around 27gs in total (10gs, 17gs of Sindou) on the ground that the growing number of standing timber around the cemetery does not grow naturally due to the burial of standing timber around the cemetery.

3. No person who violates the Public Property and Commodity Management Act shall use or profit from public property without following procedures and methods.

Nevertheless, around 2016, the Defendant did not follow the procedures and methods prescribed in the Public Property and Commodity Management Act, such as permission to use, profit from, or entrustment of management of, the competent authority, and used the same forest as prescribed in paragraph (1) for the purpose of using the forest as the parents cemetery.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Statement to C by the police;

1. Application of a certified copy of a forestry map, forestry cadastral book, certificate of land use plan, location map, field photographs, and aerial photography statutes;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning criminal facts;

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