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(영문) 대구지방법원 상주지원 2015.09.22 2015고정105
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, on February 2015, the Defendant, without obtaining permission from the competent authority, performed an act of converting mountainous districts into mountainous districts by causing damage to forests worth KRW 1,156,200 in the cost of restoring mountainous districts, by installing a tombstone and its access road on a size of 279 square meters in the area of the Dogcheon-gun C Forest, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, Chungcheongnam-do, Daejeon-do, and by cutting or banking the ground and causing damage to forests equivalent

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs

Nevertheless, on February 2015, the Defendant, without obtaining permission from the competent authorities, destroyed the mountain damage equivalent to KRW 17,090 in the value of mountainous district damage by cutting approximately KRW 29,090, when creating a tombstone and access road in the forest and field C, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal Facts, 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 fines for each crime;

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. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order have a number of records of criminal punishment against the defendant several times, the order is issued in consideration of the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, etc.

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