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(영문) 전주지방법원 남원지원 2018.05.29 2018고단48
산지관리법위반등
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

1. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to use thereof;

Nevertheless, on October 19, 2017, the Defendant converted the use of mountainous districts into mountainous districts by removing pipes, such as dump plants, by using heavy equipment such as dumpers, etc., and changing the form and quality of mountainous districts, such as destroying topsoils, in order to cultivate crops without obtaining permission from the number of the competent authorities, on the aggregate of approximately 2,500 square meters of land C forest land in North Korea, which is the ownership B, prior to North Korea, in order to cultivate crops without obtaining permission from the competent authorities.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, on October 19, 2017, the Defendant cut off 82 parts of machinery saws, such as night trees, which were planted in forests and fields without obtaining permission from the competent authorities, from the forests and fields listed in paragraph 1 of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Protocols on standing timber damage, details of calculation of the amount of damage, and total amount of damage;

1. Application of the forest register, forestry map, and land use planning confirmation Acts and subordinate statutes;

1. Article 53 Subparag. 1 of the relevant Act and the main sentence of Article 14(1) of the Mountainous Districts Management Act (unauthorized mountainous districts, selection of fines) regarding criminal facts; Article 74 Subparag. 3 and Article 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017; hereinafter the same shall apply);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a crime of violation of the Management of Mountainous Districts with heavy punishment);

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

1. Article 75(1) of the Creation and Management of the former Forest Resources Act.

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