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(영문) 창원지방법원 진주지원 2016.01.20 2014고정438
경계침범등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2014 High Court Decision 438]

1. On March 16, 2014, on the part of the Defendant’s forest owned by the Jinju-si, the Defendant destroyed six flusing posts (one meter high) in order to secure access roads for tree operations, thereby preventing the information on the boundary of the said victim’s forest owned by the Defendant.

2. The Defendant damaged 15g, 2g, 1g, 1g, 5g, and 5gs from the forest land owned by the victim in Jinju-si, Jinju-si, on the above grounds, in which the market price cannot be determined by the method of selling the land using pokes for the above reasons.

[2014 High 459] On March 16, 2014, the Defendant sold fop-up trees planted in Jinju City C, the Defendant owned, to F, and around that time, F opened access roads adjacent to Jinju D and G without reporting the temporary use of the mountainous district.

Summary of Evidence

[2014 High Court Decision 438]

1. Each legal statement of F and H;

1. A certificate of all the matters to be registered, an on-site photo description, and an on-site photo description 2/ [2]

1. Each legal statement of F and H;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on site photographs, explanatory notes, the actual condition of an area destroyed without permission, on-site photographs;

1. Relevant Article 370 of the Criminal Act, the choice of punishment for the crime (the point of violation of boundaries), Article 366 of the Criminal Act, Articles 55 and 15-2 (2) 7 of the Mountainous Districts Management Act (the point of temporary application of mountainous districts not reported), and the choice of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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