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(영문) 수원지방법원 성남지원 2017.05.26 2017고단315
산지관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office, etc. according to the classification of the type, area, etc. of the

A. The Defendant, without obtaining permission for the diversion of mountainous districts from around 2010 to around 2013, constructed six temporary buildings for the purpose of temporary residence and storage in Gwangju City C, D, and forest land within 3,127 square meters.

B. On December 2016, the Defendant cut the slopes of D and E around the said temporary building in Gwangju-si and E without obtaining permission for the diversion of mountainous districts, and cut off the slopes of D and E around the said temporary building.

(c)

On December 2, 2016, the Defendant, without obtaining permission for the diversion of mountainous districts, diverted standing timber to 3,784 square meters by cutting down standing timber 15gs in order to build roads entering Gwangju CityF.

Accordingly, the Defendant diverted a mountainous district of 6,911m2 without obtaining permission for mountainous district conversion.

2. A person who intends to cut standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant cut 15g dusts (11g dusts, active trees 4g dusts) in Gwangju City F without obtaining permission to cut standing timber around December 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy of the actual survey report, the forest register, the forestry map, and the written confirmation of land use plan;

1. The current status of illegal timbering and punishment books, and the current status of illegal facilities;

1. Application of Acts and subordinate statutes governing photographs dedicated to illegal mountainous districts;

1. Article 53 (1), the main sentence of Article 14 (1) of the Management of the relevant Mountainous Districts Act (a point for the diversion of a mountainous district without permission), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (a point for the deforestation of trees without permission) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i.e., violation of the Management of Mountainous Districts concerning Mountainous Districts concerning Mountainous City of Gwangju on Dec. 2, 2016), between violations of the Creation and Management of Forest Resources Act, and between crimes of violation of the Creation and Management of Forest Resources Act, and punishment on a mountainous district with heavier penalty.

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