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(영문) 제주지방법원 2014.10.16 2014고합116
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) and the Management of Mountainous Districts Act shall obtain permission from the competent authority, while a person who intends to divert a mountainous district shall obtain permission from the competent authority, setting the purpose of the use thereof, and obtain permission from the competent authority. However, the Defendant, without such permission, cut down trees of white dust, such as pine trees, irrine trees, irrine trees, etc., planted to 5,525 square meters among 6,16 square meters of forest land in Seopopo City, Seopopo-si, by using mechanical saws, rackers, etc., from April 2013 to December 2, 2013, without obtaining such permission.

As a result, the Defendant cut standing timber on a forest with approximately 5,525 square meters within a size of 5,525 square meters without obtaining permission from the competent authority, thereby damaging the forest and diverting the mountainous district.

2. Although a person who intends to construct or repair a building in an urban area that violates the Building Act obtains permission from the competent authority, the Defendant, without obtaining such permission, built a lodging house for a person without delay, who is a building of approximately 150 square meters on the above forest area, on October 2013, 201, in a part of the above forest land at the place under paragraph (1).

3. Although a person who intends to engage in development activities in violation of the National Land Planning and Utilization Act obtained permission from the competent authority, the Defendant, without obtaining such permission, constructed a building on the same date, time, and place as above, and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. A survey report on the actual condition and a survey report on illegal development activities, etc.;

1. Application of Acts and subordinate statutes attached to data, such as field photographs, aerial photographys, drawings of illegal areas, area of illegal buildings and areas excluded from damaged areas, etc.;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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