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(영문) 수원지방법원 여주지원 2017.04.12 2017고단1
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act and the Creation and Management of Forest Resources Act shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts, and a person who intends to fell standing timber in a forest shall obtain permission from the competent authority;

Nevertheless, on June 15, 2016, the Defendant cut a forest equivalent to a total of 2,768 square meters, such as a forest land C, C, 372 square meters, and D, 396 square meters, in order to develop a site for an electric source housing complex and an access road, and cut the use of a mountainous district to change the form and quality thereof. In addition, the Defendant cuts a large volume of unregistered standing timber in a forest equivalent to a total of 687 square meters, such as the said C, C, 535 square meters, E, 77 square meters, and 75 square meters of forest and forest.

2. Anyone who intends to fell or depth bamboo and trees in a greenbelt violating the Act on Urban Parks, Greenbelts, etc. shall obtain permission to occupy and use from the competent administrative agency;

Nevertheless, the Defendant cut standing timber on June 15, 201 without obtaining permission from the competent administrative agency for occupation and use, and on June 15, 2016, at a 567 square meters in Do, including 327 square meters in Echeon-si, a buffer green belt, G forest, 116 square meters in G forest, and 124 square meters in H forest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. A written statement of I and J;

1. Investigation report (investigation into exclusive ways);

1. Each cadastral map, each forest and field register, and each actual survey map;

1. On-site photographs;

1. Application of each statute on a written accusation;

1. Article 53 Subparag. 1 of the relevant Act and Articles 14(1) main sentence of the Mountainous Districts Management Act (unauthorized mountainous districts and choice of imprisonment), Article 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber and choice of imprisonment) concerning the facts constituting the crime, and Articles 54 Subparag. 2 and 38(1) of the Act on Urban Parks, Greenbelts, Etc. (a violation of the prohibition of green areas without permission);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3 of the Criminal Act, which shall be aggravated for concurrent crimes.

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