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(영문) 의정부지방법원 고양지원 2016.08.05 2016고단815
산지관리법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for ten months.

However, the two-year period from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the head of the relevant Si/Gun/Gu or the head of the relevant local forest agency, as prescribed by Ordinance of the Ministry of

1. Defendants A and B conspired with each other from March 2014 to June 20 of the same year, thereby damaging mountainous districts with approximately KRW 73,217,90 of restoration expenses by making use of mountainous districts, such as the installation of cutting and construction block, underground drainage and banking of valleys for the operation of the camping site without obtaining permission from the competent authority, and cutting down trees of approximately KRW 6,132,00 of 275, 275, 275.

2. Defendant B

A. On June 2014, the Defendant damaged mountainous districts to convert mountainous districts into mountainous districts for the operation of the camping site without obtaining permission from the competent authority in the area of 2,091 square meters ( around 634 square meters) from JJ in Paju-si, Pari-si, Pari-si, Pari-si, Paju, with a view to cutting and raising the surface of mountainous districts, such as cutting and raising the surface of mountainous districts, and for the operation of the camping site.

B. On September 2014, the Defendant damaged mountainous districts to use mountainous districts equivalent to KRW 5,060,90 for restoration expenses by converting the use of mountainous districts, such as drainage pipes, laid underground for the operation of the camping site, without obtaining permission from the competent authority, from K, L, and L, a total of 1,214 square meters ( around 367 square meters) in the area of 1,214 square meters (hereinafter “around 367 square meters”).

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Statement made by police officers of each special jurisdiction over M and N;

1. Application of the Act and subordinate statutes on actual condition survey reports and field photographs;

1. Relevant Article 53 Subparag. 1k and Article 14(1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act (Options of imprisonment with prison labor);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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