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Defendant shall be punished by a fine of KRW 3,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
From February 2015, the Defendant obtained permission for a forest management plan on approximately 3,000 square meters from Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, and was in depth of virtue, trees, etc. at that place.
From the end of March, 2015 to the beginning of April, 2015, the Defendant cut or cut part of the land F in Jincheon-gun of Chungcheongnam-do, the joint ownership of the victim E (hereinafter referred to as the victim E, south) for the cutting of standing timber according to the permission of the said forest management plan, on the ground that it interferes with the passage of one ton vehicles for work use (two meters wide). On the ground that it interferes with the passage of one ton of spawn vehicles, the Defendant cut or cut off part of the 75 weeks of spawn trees, spath tree, 16 weeks of spath tree, 9 weeks of spath tree, and 10 weeks of spath from mountain.
A person who intends to convert a mountainous district of "2016 Highest 81" shall obtain permission from the head of a forest office, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree after determining the purpose thereof.
Nevertheless, the Defendant, without obtaining permission for the diversion of mountainous districts from May to June, 2015, and for securing access roads at 349 square meters from Jincheon-gun, Jincheon-gun and three lots of forest land outside Jincheon-gun, the Defendant diverted the diversion of mountainous districts by cutting, felling standing trees, miscellaneous stone packaging, etc. using a excavating machine.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A certificate of all registered matters;
1. The application of a survey report on actual conditions, a forest survey report on land before illegal mountainous districts, and an old map statute;
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 53 subparagraph 1 and Article 14 (1) of the Management of Mountainous Districts Act (a point of exclusive use of mountainous districts without permission), and the choice of fines;
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. It is so decided as per Disposition for the reasons above, such as the details and contents of felling standing timber on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act, and the completion of restoration from the original state, etc.