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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단3848
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

No person who intends to divert a mountainous district or lumber standing timber in a forest shall do any act, such as construction of buildings, construction of structures, change of the form and quality of land, etc. within a development-restricted zone without using or making profits from State property, subject to permission from the competent authority.

Nevertheless, without permission from the competent authorities around March 2015, the Defendant cut the 3gs of ancientyang-gu, Seoyang-gu (State forests, preserved mountainous districts, preserved mountainous districts), D, E,F, and G, which are mountain areas within the development restriction zone, using the cirrecatorator, cut land, and cut down land using the cirrecator, installed a plastic house and a dog, and cultivated relic and emulated trees by creating dry field.

As a result, the defendant diverted a mountainous district without permission from the competent authorities, cut standing timber in a forest without permission from the competent authorities, installed a structure within the development restriction zone, changed the form and quality of the land, and used or profit from the administrative property.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the current status of each forest damage;

1. The application of Acts and subordinate statutes for practical survey, aerial photography, location map, the head of each timber survey site, the head of each flood survey site, the head of a flood survey site, the calculation of recovery expenses, a certified copy of the registry, forest and forest register, cadastral map, and photograph-raising;

1. Article 53 Subparag. 1 of the relevant Act concerning facts constituting an offense, Articles 14(1) (a) of the Management of the Mountainous Districts which have no permission for conversion), Article 74(1)3 of the Creation and Management of Forest Resources Act, Article 36(1) (a) of the Act on the Creation and Management of Forest Resources, Articles 82 and 7(1) (a) of the State Property Act, Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction of Development, Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction of Development, and the proviso to Article 12(1) (a) of the Act on Special Measures for the Designation of Areas subject to Restriction of Development, and the Selection of Fines;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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