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(영문) 수원지방법원 안산지원 2015.04.09 2015고정224
산림자원의조성및관리에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber or engage in any other activity in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office;

On April 2014, the Defendant constructed a penture in the forest located in Ansan-si, Masan-si, Mansan-si, and cut down 3 glus, etc. on the forest owned by the Defendant in the same manner E without obtaining permission from the head of the Gu or the Administrator of the Korea Forest Service.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Minister of the Korea Forest Service, Mayors/Do Governors, and the heads of Sis/Guns/Gus according to the classification of types, areas, etc. of mountainous districts

The Defendant, at the same time in Ansan-si, was engaged in the 252 square meters of forest land owned by the Defendant in Ansan-si, a member-gu, and was engaged in the conversion of a mountainous district without obtaining permission from the head of the Gu, by installing three crypers at the place, and spreading aggregate around the area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. A written statement of the G production;

1. Application of each of the Acts and subordinate statutes to photographs of satellite pictures and photographs on the violation site;

1. Article 74(1)3 of the Act on the Creation and Management of Forest Resources subject to the option of punishment and Articles 74(1)3 and 36(1) (the cutting of standing timber without obtaining permission), Article 53 Subparag. 1 of the Management of Mountainous Districts Act and the main sentence of Article 14(1) (the main sentence) of the Management of Mountainous Districts Act, each of fines - the selection of standing trees subject to punishment - the amount of punishment seems to be high, the amount of punishment is not large, and the amount of punishment is to be determined, taking into account the fact that the area of the mountainous district is not broad, the surrounding environment, etc. in the vicinity

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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