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(영문) 대구지방법원 안동지원 2020.06.10 2019고정116
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any 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 for a specified purpose, and any person who intends to lumber standing timber and 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

Nevertheless, on December 2018, the Defendant, without obtaining permission from the competent authorities for diversion of mountainous districts and cutting of standing trees, converted mountainous districts into mountainous districts for the purpose of building land creation and cultivating forest products in approximately 2,00 square meters among five parcels outside the Gyeong-gun B, Gyeong-gun, Gyeongcheon-gun, where preserved mountainous districts and quasi-preserved mountainous districts are mixed, and cut approximately 18 parts, such as pine trees, etc., which were cultivated in the said forests.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of a criminal summary report, a fact-finding report, and an investigation report;

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (2) 2 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down trees without permission and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An unauthorized act of converting a mountainous district without a reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in light of the purport of the Mountainous Districts Management Act, which promotes the rational preservation and use of the mountainous district and enhances the public function of forests, and limits the diversion of the mountainous district in nature-friendly ways, and the fact that the amount of the mountainous district and the fellingd standing timber of the defendant are not small is disadvantageous to the defendant

However, the defendant recognized the crime of this case and reflected it.

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