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(영문) 대구지방법원 안동지원 2019.03.05 2018고정34
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to temporarily use mountainous districts for purposes, such as forest roads, work roads, transportation routes of forest products, etc. shall report mountainous districts which are state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu regarding mountainous districts which

Nevertheless, on August 2017, the Defendant used a mountainous district of 240 square meters (around 4,600,000 won for restoration expenses) for work, such as cutting of a mountainous district, by using a cutter, etc., without reporting a temporary use of the mountainous district in Ansan-si B, Sindong-si, 2017.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu

Nevertheless, the Defendant cut 20 copies of pine trees and bamboo repair trees without obtaining permission at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report, each investigation report, a certified copy of the land register, a copy of the forestry register, a business trip report, and a report on investigation;

1. Article 55 (2) and Article 15-2 (2) of the Management of Mountainous Districts Act: Article 74 (1) 3 and Article 36 (1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017);

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 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the circumstance and specific degree of damage that the defendant committed the crime in this case; (b) the circumstance that the defendant was found to have committed the crime in this case; (c) the defendant's mistake is recognized and is in depth infringed; (d) the first offender is the defendant's age, character and conduct, intelligence and environment; (e) relationship with the victim; (e) the motive

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