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(영문) 대구지방법원 경주지원 2017.10.18 2017고단299
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;

Defendant did not obtain the aforementioned permission from January 4, 2017 to January 9, 2017, the Defendant converted the use of mountainous districts into mountainous districts in which the size of 3,116 square meters is 3,16 square meters among the forest land B and C forest land in racing-si, racing-si, and the forest land, and in which the number of excavationers, cargo vehicles, and workmen set up a work route at the above place.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office;

Defendant 1 did not obtain the above permission, and 27glus of pine trees, forest products, at the time and place mentioned in the above 1. Paragraph.

3. No person who violates the Special Act on the Prevention of pine wilt Diseases shall move pine trees extracted in an area where removal is prohibited.

Nevertheless, the Defendant excavated 27gs of pine trees, which were in the area where the removal of pine trees is prohibited from being carried out, from January 4, 2017 to January 9, 2017, and then moved 8gs of pine trees to D when racing, among them, 9gs of pine trees were moved to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F/G;

1. Each police statement made against H, I, J, K, L, or M;

1. Each statement of N,O, P, Q, R, and S;

1. Application of Acts and subordinate statutes in Part II of the document verifying a plan for utilization of national land, such as the drawing of illegal diversion of mountainous districts and the upper limit of felling standing timber, photo of illegal mountainous district, standard table for gathering illegal pine trees, calculation of damages, two copies of the estimated amount of trees for landscaping, slope analysis map, area where removing pine trees for racing is prohibited, certified copies of the register, forest register, and field register, eight copies, three copies of the standard table of pine trees for illegal excavation, lease contract, illegal excavation and moving tree, standard table of pine trees for illegal excavation, additional removal of pine trees, and land use plan;

1. Article 53 of the relevant Act concerning facts constituting an offense and Article 53 subparagraph 1 of the Management of the Mountainous Districts which are selected as punishment;

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