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(영문) 창원지방법원 통영지원 2014.06.11 2014고정39
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The defendant from January 1, 2013 to the same year;

2. B and C, the Defendant’s possession of arching land, unlike the temporary use of a mountainous district for the purpose of cultivating ornamental trees as a forest management plan or work for the purpose of cultivating ornamental trees reported to the competent authorities within Gyeongsung-gun and C, which is the Defendant’s possession, used the mountainous district without permission for the purpose of developing the mountainous district for any other purpose (4,946,400 square meters for red land recovery expenses).

2. As described in paragraph (1), the Defendant cut 11 to 42 years from receipt, which was growing up in the above forest for the purpose of developing the site for another purpose, and cut down 382 parts of pine trees with a diameter of 12 to 36 cm from breast height (an amount equivalent to KRW 6,919,070 in 137.94 cubic meters, market price of which is 6,919,070) without permission of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, an order for recovery of illegally converted land, and a certified copy of notice of payment of recovery expenses;

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 concerning criminal facts, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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