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(영문) 대전지방법원 천안지원 2015.01.15 2014고단1138
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

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 prescribed by Presidential Decree. 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, but the defendant, in the course of creating a site with a new factory construction approval on the ground of the south-gu Seoul Special Metropolitan City, Do, the defendant cuts standing timber by converting a mountainous district into a mountainous district within 3,907 square meters of a forest within D and 100 square meters of a forest within a 3,907 square meters and a forest within E from the lower police officer to the first police officer of February 2014 without permission from the competent administrative agency.

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 concerning approval for the establishment of a new factory to a report on detection of illegal forest damage, actual survey report, damage calculation report, illegal mountainous district conversion status, site photographs of case land, and notification of new factory establishment;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, Article 14 (1) of the same Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime, and the selection of respective fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of two crimes above the punishment determined for a crime of violating the Mountainous Districts Management Act with heavier punishment);

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

1. In light of the size of a mountainous district unlawfully converted for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, or the quantity of illegally cut standing timber, etc., a crime is not less than the nature of the crime. However, considering the fact that the Defendant has led to the confession of the crime with no criminal power, and is making efforts to restore the original state, all the elements of sentencing indicated in the record after the selection of fine among the prescribed penalty are considered.

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