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(영문) 광주지방법원 2016.10.28 2016고정1230
산지관리법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

In order to divert mountainous districts, the administrative authorities, such as the YA, etc., obtained permission to divert mountainous districts pursuant to Article 14 of the Management of Mountainous Districts Act. However, the Defendant, upon obtaining permission to build forest roads in the land of the YA, owned by the Defendant, caused forest damage equivalent to KRW 11,779,00,00 in total, including KRW 10,199,000, and KRW 11,580,000 in total, by using equipment, such as digging-out equipment, which was leased on February 2016, when the construction of forest roads was carried out.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A survey report on the actual condition (the defendant and his defense counsel obtained permission to build a forest road from the YA and sold pine trees within the permitted zone to the landscape gardening business operator, and the landscape gardening business operator obtained permission to remove and reduce trees outside the permitted zone, thereby violating the Management of Mountainous Districts Act as indicated in the judgment, and the defendant was aware of it at all. However, in full view of the following facts and circumstances acknowledged by the aforementioned evidence duly adopted and investigated by the court, the fact that the defendant used to build a forest road in excess of the legally permitted zone from the YA to build a forest road can be acknowledged as having diverted the mountainous district without permission as stated in the facts of the crime. Accordingly, the defendant and his defense counsel's above assertion is not acceptable.) The defendant obtained permission to build a forest road in the YA area of the YA from the YA to build a forest road.

2) In the process of building a forest road in the above mountainous district, the Defendant created a forest road and its appurtenant facilities by using equipment, such as a scooters, in addition to the area for which permission was obtained as well as the forest 2,250 square meters around the said mountainous district. (iii) The Defendant:

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