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(영문) 춘천지방법원 원주지원 2015.12.29 2015고정503
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who has obtained permission for the use of forest products for the purpose of cultivating forest products in a forest area of 24,100 square meters, which is part of a state forest with an area of 7,229,304 square meters in Crossing-gun C (hereinafter “instant state forest”).

1. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, on January 2015, the Defendant cut 70glus of standing timber in the State-owned forest of this case (in a size of 8.05 square meters) without obtaining permission from the head of Si/Gun.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, from July 2015 to August 2015, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, developed a site for installing a 25.3 square meters of area (5.5 meters x 4.6 meters) by using insertings, boomings, cements, etc. in the vicinity of the forest road in the instant state forest, and installed a simplified water facility with a size of 11.5 square meters (2.3 meters x 5 meters) and converted a mountainous district with a size of 32.76 square meters (7m x 7.8m x 4.2m) into a total area of 69.56 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, and the selection of fines;

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 reflects the error of the defendant, the restoration of the original state is completed in accordance with the Hongcheon Military Restoration Order, and there is no record of punishment for the same crime.

3.2

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