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(영문) 수원지방법원 2014.02.07 2013고정3469
산지관리법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who borrows two lots, such as C and D, connected to the land B, which is a state forest under the jurisdiction of the Korea Forest Service, from the Korea Asset Management Corporation, and prepares a farmer's house.

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc.;

Nevertheless, on April 22, 2012, the Defendant stated that the date was omitted in addition thereto.

(No. 18 of the Investigation Records). In the case of national forests in the jurisdiction of the Korea Forest Service, land of size of 62 square meters in size B was conducted without obtaining permission for conversion of mountainous districts, and was illegally converted into mountainous districts by installing a drainage channel.

2. Any person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

Nevertheless, on April 22, 2012, the Defendant stated that the date was omitted in addition thereto.

(No. 18 of the Investigation Records). 12 copies of lubane trees and active leaves, which are born in the above state forest B, were cut without permission of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the actual survey report and each investigation report;

1. Article 53 of the relevant Act on criminal facts, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of fines for each crime;

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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