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(영문) 청주지방법원 제천지원 2018.12.13 2018고단316
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A person who intends to gather earth or stone in mountainous districts within a forest which is not a state forest in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority for gathering earth or stone;

Nevertheless, the Defendant did not obtain permission from the competent authorities to collect earth and stones, and collected soil and stones from 3,00 square meters of 4,293 square meters of 4,293 square meters of land from 3,000 to 19,000 square meters of 4,293 square meters of land in 3,000 from 3,00,000 to 3,000,000.

2. A person who intends to fell standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, on January 25, 2018, the Defendant cut standing timber in 15.62 cubic meters registered at Jeju-si around January 25, 2018 without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each satellite photograph, each field photograph, and each old map;

1. A forest survey document and a certificate of land use plan;

1. Application of reporting Acts and subordinate statutes;

1. Relevant Article 53 subparag. 3 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, Article 25(1) main sentence (unauthorized gathering of earth and stone), Article 74(2)2, and Article 36(1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act, and imprisonment with labor for each type of crime;

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the quantity of standing timber cut in a considerable and large quantity of soil and stones collected is not large (Article 50 parts) and there are two times the same type of crime records, but there are circumstances to be considered as a motive to commit a crime in the course of flood prevention, the gathering of soil and rocks and the removal of soil and rocks was not made, the gathering of soil and rocks was not made, the gathering of soil and rocks was 2,003 cubic meters in order to restore damaged mountainous districts into the original state, the cutting of pine trees in 640 square meters, and the cutting of 4,006 square meters in the area of 4,006 square meters, etc. shall be considered as having been approved as completion on November 22, 2018).

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