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(영문) 대구지방법원 상주지원 2015.01.20 2014고단608
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Although a person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act intends to obtain permission from the competent authority for setting the purpose thereof, the Defendant, without obtaining permission from June 10, 2014 to June 20, 2014, converted the use of a mountainous district into a mountainous district by cutting trees of 2,211 square meters in total among B forest land and C forest land when residing between around June 10, 201 and around June 20, and laying down land for landscaping.

2. 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 competent authorities, but the Defendant, without obtaining permission from the competent authorities, cut a volumeless ccarf trees out of the above c forest and the above c forest and the above c forest and caused damage equivalent to approximately KRW 6,464,964 at the price of mountainous district damage, by using a excavation season, etc. in the above c forest and the above c forest and the above c forest and causing

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (examination related to the area of the violation and costs of restoring the forest);

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

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of imprisonment for a crime;

1. Of concurrent offenders, a sentence is imposed as ordered in consideration of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was not restored to the original mountainous district of this case for the reason of sentencing, and other conditions of sentencing specified in the pleadings of this case, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime.

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