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(영문) 전주지방법원 남원지원 2014.07.22 2014고단115
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From October 201 to January 201, 201, the Defendant violated the Mountainous Districts Management Act: (a) obtained permission to collect earth and rocks from the Southern City Mayor on a total of four occasions from the Southern City on a total of four occasions; (b) without obtaining permission to alter the said forest; (c) from October 201 to December 201, the Defendant collected earth and rocks on a total of 8,112 square meters of forest areas including a buffer area of the said forest from October 201 to December 2013, 2012, including a total of 5,052 square meters of the buffer area of the said forest, and a total of 3,060 square meters

2. The Defendant, in violation of the Creation and Management of Forest Resources Act, cut down 130 square meters of standing trees (area 17.82 square meters) within the said forest without obtaining permission for cutting standing trees from the male source market in a forest with a size of 1,060 square meters within the buffer zone in Nam-si, Namwon-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Scenic photographs of forests before they are damaged, maps of the actual survey of illegal forest damaged areas, and on-site survey drawings;

1. Inspection results of permission for earth and rocks;

1. A forest survey report, a report on the accumulation of standing timber, and a statement on the calculation of the damaged trees;

1. The application of Acts and subordinate statutes to an investigation report (attached to the current status of survey of illegal damaged land or a copy of permission to collect earth or stone);

1. Article 54 subparagraph 4 of the relevant Act on the facts constituting an offense, subparagraph 4 of Article 54 of the Management of Mountainous Districts Act, the main sentence of Article 25 (1) (the occupation of collecting earth or stone without obtaining permission for change), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the crime of this case is recognized and reflected, the fact that there is no record of punishment exceeding the fine, and the fact that the punishment has been restored to original state);

1. Article 75 (2) and (1) of the Creation and Management of Forest Resources for Additional Collection;

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