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(영문) 대구지방법원 상주지원 2014.12.02 2014고단556
산지관리법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year, and a fine of 15 million won for a corporation.

However, as to Defendant A, the same shall apply.

Reasons

Punishment of the crime

1. Defendant A

(a) The Defendant violated the Control of Firearms, Swords, Swords, Explosives, etc. Act as the representative director of a stock company B, who was engaged in mineral extraction business with permission for temporary use from the door-si C at the door-si, and had D, who was a powder engineer, applied for the use of powders at will to save recovery expenses, unlike the contents of the restoration plan approved by the door-si in order to save recovery expenses, while the period of permission expires and restored to its original state, and applied for the use of powders to the life order system in the door-gu police station without knowledge of such contents around April 28, 2014

5.1.1. to 1.0

6. From February 30 to May 16, 2014, by obtaining permission for the use of powders of 12,000 g by unlawful means, such as obtaining permission for the use of powders, and using 1,917 gg of the quantity permitted from May 6, 2014 to May 16, 2014.

B. Although a person who intends to collect earth and stones in mountainous districts violating the Management of Mountainous Districts Act obtained permission from the competent authority, the Defendant, without permission from the competent authority, collected approximately 9,310 cubic meters of earth and stones by blasting them by using powders received from the forest land in literature-si C from May 6, 2014 to May 16, 2014, without permission from the competent authority.

2. Defendant B, a representative director, committed a violation under paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Statement of the suspect interrogation protocol of the defendant A by the prosecution;

1. Records of seizure and the list of seizure;

1. The actual condition survey report (the earth and rocks are collected, such as the statement of fact 1-b at the market);

1. A investigation report (Restoration plan related) (in accordance with the Design of the Forest Restoration Project in the year 2014 which has been finally approved by the viewing of literature, the restoration must be made by bringing in outside guest soil and embling it out) (No. 88, No. 2 of investigation records, No. 1, No. 88, No. 58, etc.);

1. The method of piling up soil to the damaged land, etc. is the notification of the approval of the restoration plan and the execution of restoration works;

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