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(영문) 춘천지방법원 영월지원 2014.08.29 2013고단451
산지관리법위반등
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission from the competent authority pursuant to related Acts and subordinate statutes;

Nevertheless, the Defendants from April 9, 2013 to the same year.

4. Until December 22, 200, a road was constructed by cutting and mination work using digging machines, etc. to human parts from G 2,507§³ G forest in Taecheon-si.

Accordingly, the Defendants conspired to convert mountainous districts into mountainous districts without obtaining permission from the competent authorities.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority pursuant to the relevant Acts and subordinate statutes;

Nevertheless, the Defendants cut 328 parts, such as pine trees planted therein, etc., using electric saws, etc., in the area of H, I, J Miscellaneous land 2,597 square meters in the temporary border like the preceding paragraph.

As a result, the Defendants conspired to cut standing timber without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ legal statement

1. The application of the statutes of the relevant place of survey of actual condition, on-site investigation, photographs of damaged land, current status of survey of damaged land, calculation report of expenses for recovery of mountainous district, survey results of volume of damaged standing timber, and

1. The Defendants: Article 53 Subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act; Article 30 of the Criminal Act; Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; the selection of imprisonment;

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

1. Defendants of suspended execution: The following facts are not good: (a) illegal development of mountainous districts, such as the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, may cause serious damage to the natural environment and large-scale disasters; and (b) the extent of the mountainous districts exclusively used by the Defendants is not much significant.

Provided, That this shall not apply to damaged mountainous districts.

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