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(영문) 전주지방법원 남원지원 2018.02.20 2017고단295
산지관리법위반등
Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From September 2016 to November 201, 2016, the Defendant violated the Mountainous Districts Management Act: (a) performed activities to cut and embling heavy equipment, such as digging machines, etc., and to change the form and quality of a mountainous district by installing solar power facilities in order to install solar power facilities without obtaining a mountainous district conversion permit from the number of the head of the competent authority, the Gun; (b) on the aggregate of two lots of forest land owned by B, such as the Gun C and D, owned by B, the ownership of North Korea; and (c)

2. The Defendant violated the Creation and Management of Forest Resources Act: (a) cut the sum of 116 parts, including 74 parts, standard tree 18 parts, part 18, part 18 fallen leaves, and part 23 of other active trees, which were planted at the former heading-Gun E forest, without obtaining permission from the competent authorities from September 2016 to October 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. The application of statutes governing applications for permission to change mountainous districts, such as a survey report on actual conditions, the current status of illegal mountainous districts and illegal felling areas, the basic matters of single parcel, a report on the calculation of damage to standing timber, a report on the register of the relevant items, on-site investigation and photographs, an application for permission to divert mountainous districts, a report on

1. Relevant Article of the Act on Criminal Facts, Addenda to the Management of the Mountainous Districts to which a punishment is selected (No. 14361, December 2, 2016); Article 6 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1, and the main sentence of Article 14(1) (unauthorized mountainous districts) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 74(1)3, and 36(1) (unauthorized mountainous districts) of the Creation and Management of Forest Resources Act; and selection 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 75 (2) and (1) of the Creation and Management of Forest Resources for Additional Collection Act;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, as well as other records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

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