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(영문) 창원지방법원 진주지원 2016.06.30 2016고정203
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber or mine or gather forest products in a non-compliant forest shall obtain permission from the competent authority;

Nevertheless, on November 27, 2015, the Defendant buried 24 weeks and 47 weeks of standard trees using a track type digging machine, etc. without obtaining permission from the competent authorities in the forests located in Cheongnam-gun B and C, Gyeongnam-gun, and C.

2. A person who intends to temporarily use a mountainous district, such as opening work roads in a mountainous district in violation of the Management of the Mountainous Districts Act, shall report to the competent authority;

Nevertheless, from November 20, 2015 to December 25, 2015, the Defendant temporarily used mountainous districts in an area equivalent to approximately KRW 6,076 square meters of the above forest land by using a track type digging machine for the purpose of newly opening and expanding the mountainous district for work without reporting the temporary use of mountainous district to the competent authority in the forest located in Gyeongnam-gun B and C from around the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an order for restoration for diversion of illegal mountainous districts, such as a survey report on actual conditions;

1. Article 74 (1) 3, Article 36 (1) (a) (unauthorized felling of standing timber) of the Act on the Creation and Management of Forest Resources for a crime; Article 55 subparagraph 2 of the Mountainous Districts Management Act; the former part of Article 15-2 (2) of the Mountainous Districts Management Act (the temporary use of a mountainous district not reported);

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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