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(영문) 창원지방법원 통영지원 2018.11.19 2018고정317
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to fell standing timber or extract forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, on September 2017, the Defendant cut 6 glue trees on the east of the eastside area of state forests B (74,874 square meters) in Gyeongnam-si, Gyeongnam-do (74,874 square meters) without obtaining permission from the competent authorities.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, the Defendant did not obtain permission from the competent administrative authority on September 2017, and converted the use of mountainous districts by cutting down and raising the size of 314 square meters among state forests B (74,874 square meters) in Gyeongnam-si (74,874 square meters).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 53 subparag. 1 of the Act on the Management of Mountainous Districts and Articles 14(1) (unauthorized mountainous districts) of the Act on the Creation and Management of Forest Resources, Articles 74(2)2 and 36(1) of the Creation and Management of Forest Resources Act (applicable at the time of trial because the felling of standing timber without permission and method at the time of trial are minor) concerning the crime, and selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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