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(영문) 춘천지방법원 강릉지원 2012.08.28 2012노113
산지관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Defendant

As to the violation of the Creation and Management of Forest Resources Act, the fact that the defendant additionally extracted pine trees in excess of the original extraction permission is in accordance with the direction of the public official in charge of Yangyang-gun, and the defendant does not extract pine trees at his own discretion without permission.

As to the violation of the Management of Mountainous Districts Act, the Defendant was aware of the fact that S and U as the owner of the forest in question had no intent to cultivate mushrooms in the forest in question at the time of applying for permission for conversion of the forest in Gyeyangyang-gun, the Defendant applied for permission for conversion of a mountainous district in the name of the above S and U, and converted the use of a mountainous district illegally upon obtaining permission for conversion of a mountainous district in the name of the above S and U, as if the said S and U were to

The sentencing of the court below on unreasonable sentencing is too unjustifiable.

Where the head of a Si/Gun/Gu or the head of a regional forest office intends to cut standing timber, extract or gather forest products in the facts charged or to revise important matters among those permitted, with regard to the violation of the Creation and Management of Forest Resources Act, he/she shall obtain permission therefor from the head of a Si/Gun/Gu

On October 208, 2008, the Gangwon Yangyang-gun permitted the extraction of 300 pine trees from the maintenance of the F&Gun of the Gangwon Yangyang-gun, and the defendant had extracted 300 pine trees through the open bid.

The Defendant did not obtain permission for extraction and alteration of the main trees permitted to extract pine trees from the above military maintenance from October 2008 to January 2009, but additionally extracted 556 pine trees from the above military maintenance.

The lower court determined that there was no reason to order the public official in charge of Yangyang-gun to additionally extract pine trees other than the main body permitted to the Defendant, and if the J additionally mines the Defendant.

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