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(영문) 대전지방법원 천안지원 2015.02.05 2014고단1400
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts specified by Presidential Decree, and a person who intends to fell standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office,

1. Around May 2014, a person illegally converted a mountainous district by creating a site for housing construction on a forest of 1,464 square meters and a forest of 60 square meters in Seoul-dong, Nam-gu, Seoul-gu, and by installing access roads using digging machines, etc., while illegally converting a mountainous district into a mountainous district;

2. Around the foregoing temporary border, a tree of 1,106 square meters and a tree of 197 square meters was cut.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of actual situation survey report, damage calculation report, illegal diversion status map, field photographs of the case site, and applicable Acts and subordinate statutes to each airline;

1. Article 53 subparagraph 1 of the relevant Article of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime (the occupation of a mountainous district without permission and the appointment of imprisonment with labor shall be imposed concurrently), Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of an unauthorized felling of standing timber and the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a violation of the Mountainous Districts Management Act which is heavier than that of the punishment, but the punishment shall

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1448, Apr. 1, 201);

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

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