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(영문) 청주지방법원 영동지원 2013.05.16 2013고정2
산지관리법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant violated the Mountainous Districts Management Act from May 11, 2012 to May 12, 2012, changed the form and quality to the extent that the amount equivalent to KRW 7,563,00 is required for recovery expenses by cutting down cage trees, etc. which were 729 square meters in the area without obtaining permission from the Minister of the Korea Forest Service, and opening an access road.

The Defendant violated the Creation and Management of Forest Resources Act without obtaining permission from the head of a Si/Gun/Gu or the head of a regional Forest Service on the date and place specified in paragraph (1). The Defendant laid down trees, etc., which are standing trees, the forest of which is 272 square meters in a forest, to the extent that the amount equivalent to KRW

The Defendant violated the Funeral Services etc. Act without obtaining permission from the competent Mayor, etc. at the time and place stated in paragraph (1) and installing a cemetery of 130 square meters and a cemetery of a grandparent.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part with D);

1. Statement to E by the police;

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

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of conversion of a mountainous district without permission and the selection of fines), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down a mountainous district without permission and the selection of fines), Article 39 subparagraph 1 and Article 14 (3) of the Act on Funeral Services, Etc. (the occupation of establishing an unauthorized cemetery and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes prescribed by the Mountainous Districts Management Act with the largest punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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