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(영문) 의정부지방법원 고양지원 2018.11.23 2018고단2531
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for 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 determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, for the purpose of creating farmland without obtaining permission to convert mountainous districts, the Defendant, on January 2, 2009, planted the form and quality of a mountainous district by removing and suspending trees from 4,854 square meters of forest land in three lots outside the city of Madern-si, Madern-si, Madern-si, Madern-si, Madern-si, and damaged mountainous districts by using Poke g, 7,985 square meters of forest land outside C on December 2, 2016.

Accordingly, the Defendant used a mountainous district of 12,839 square meters in total without obtaining permission from the competent authorities.

2. A person who intends to cut standing timber or extract or gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a local forest office, as prescribed by Ordinance of the

Nevertheless, the Defendant cut standing timber, without permission, on December 2016, 2016, from D and 1 lots of forest land outside the city of Pakistan, as described in paragraph (1) above, in order to plant lost trees by creating farmland as stated in paragraph (1) above and planting lost trees.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes in certificates of land use planning, such as a location map, on-site photograph, satellite photograph, survey ground plan and old map, forest survey report, and forest survey report;

1. Article 53 subparag. 1, the main sentence of Article 14(1) of the Management of the relevant Mountainous Districts Act (unauthorized use of mountainous districts, choice of imprisonment, etc.) concerning criminal facts; Article 74(1)3, and Article 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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