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(영문) 광주지방법원 2018.04.20 2017고단5750
산지관리법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district to a defendant A shall obtain permission from the head of the relevant forest administration, etc. for a specified purpose, and a person who intends to cut standing timber in a forest shall obtain permission from the competent administrative agency, and shall not damage or withers standing timber or bamboo in the forest without good cause;

Nevertheless, from April 11, 201 to April 24, 2017, the Defendant: (a) carried out 70 mar trees using a dump gun without obtaining permission from the head of the Naju-si, who was delegated by the head of the forest office in Naju-si; (b) cut down trees; and (c) changed the form and quality of a mountainous district on the surface of 1,005 mar land through the stop work cutting down the land; and (d) cut trees from the area of 4,676 mar to the area of 4,676 mar and cut trees, such as 59 mar trees and 4 mar trees, without good cause.

Accordingly, the Defendant, without permission, cut standing timber by diverting mountainous districts and removing miscellaneous trees without justifiable grounds.

2. A person who intends to divert a mountainous district under defendant B shall obtain permission from the Administrator of the Forest Administration, etc. for a specified purpose.

Nevertheless, on May 9, 2017, the Defendant arbitrarily opened a grave with the father and mother of the Defendant and created one graveyard with the permission of the head of the Naju-si, who was delegated by the head of the forest office in Naju-si, and converted the farmland of 421 square meters into a 421 square meter.

Summary of Evidence

【Defendant A’s Crimes】

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A survey report on actual conditions;

1. Each on-site photograph (defendant B's crime);

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 53 subparag. 1, Article 14(1) of the Mountainous Districts Management Act (U.S.) and Article 74(1)3, Article 36(1) of the Creation and Management of Forest Resources Act (U.S.) and Article 74(1) of the Creation and Management of Forest Resources Act.

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