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(영문) 대전지방법원 천안지원 2016.01.15 2015고정1028
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 16, 2013, the Defendant obtained a building report on KRW 1,218,00 for KRW 1,200 for mountainous district recovery expenses from the Korea Forest Service’s mountainous district, by illegally cutting off four standing trees (1.12 square meters at the registered 1.12 square meters) that were born in Nam-gu, Nam-gu, Seoul, and removing tree roots from March 10, 2014 to April 20, without permission in the course of cutting the ground and cutting the ground, and then diverting the relevant mountainous district into a mountainous district, such as cutting off of 97 square meters in Nam-gu, Nam-gu, Seoul, which is located in the process of cutting, into a forest, and causing damage to the forest equivalent to KRW 16,00,00 for the standard market value of the forest publicly notified in Ansan-gu, and causing damage to KRW 30,300,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to referrals, actual inspection reports, and field photographs of the land of this case following the receipt of civil petitions against illegal destruction of forests;

1. Article 53 Subparag. 1 of the relevant Act and Articles 14(1) (unauthorized mountainous district) of the Management of the Mountainous Districts subject to the option of punishment concerning criminal facts, Articles 74(1)3 and 36(1) (unauthorized felling of standing timber) 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. The sentencing of Article 334(1) of the Criminal Procedure Act requires the determination of punishment by comprehensively taking account of the following: (a) the Defendant’s error is recognized; (b) the construction work appears to have been performed for the land which was not reported in the course of performing civil construction work according to the building report; (c) the endeavor was made for the restoration of the original state; and (d) there is only the past record of punishment subject to a fine once

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