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(영문) 의정부지방법원 2015.11.23 2015고정2273
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, as classified by the type, size, etc. of a mountainous district specified by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office,

Nevertheless, around April 2015, the Defendant: (a) cut and filled land into a mountainous district and cut it into a mountainous district without obtaining permission from the Administrator of the Korea Forest Service, etc.; (b) cut and filled it into a mountainous district; and (c) cut three parts of tree trees without obtaining permission from the head of Si/Gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on actual status and a report on the area of illegal conversion;

1. Application of satellite photographs, field photographs and statutes;

1. Article 53 Subparag. 1, the main sentence of Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 12738, Jun. 3, 2014); Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act for criminal facts; the selection of each fine for negligence;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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