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(영문) 대구지방법원 포항지원 2016.04.20 2016고정84
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Anyone who intends to temporarily use a mountainous district in a state forest road, work road, forest product transportation road, forest path, such as mountain trails, or other similar mountain passes in a mountain, shall report thereon to the head of the forest office.

Nevertheless, on July 2015, the Defendant opened a concrete packaging road (27m in length and 4.6m in width) without reporting to the Administrator of the Forestry Administration in order to use state forests located in the north-gu, west-gu, Mapo-si B for mountain paths, such as farming roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes governing the location map of forest damaged areas, satellite photographs, forest register and forestry map, and forest damaged photographs;

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense and Article 15-2 (2) 7 of the Management of the Mountainous Districts of which punishment is selected (Selection of penalty);

1. Articles 70 and 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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