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(영문) 수원지방법원 안양지원 2018.10.18 2018고정259
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purpose of creating mountain trails or other similar mountain paths in a mountainous district of a forest of 2018, which is not a state forest, shall report thereon to the head of the competent Si/Gun/Gu.

Nevertheless, on October 9, 2017, the Defendant: (a) cut standing timber planted within 280 square meters of the aforesaid mountainous district without reporting it to the Gyeyang-gu B quasi-Preservation mountainous district in Manan-gu in Manan-gu in Manyang-si; and (b) excavated soil and stone to temporarily use the mountainous district without reporting it to the Gyeyang-gu in an open market; and (c) excavated it.

Any person who intends to divert a mountainous district at 2018 shall obtain permission from the head of a forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree according to the purpose of the diversion.

Nevertheless, the Defendant stated the written indictment in the only-gu Written indictment in Ansan-gu C, but this is deemed to be a clerical error, so it shall be corrected.

On July 2017, a person who substantially manages a bundine and changed the form and quality of the mountainous district by cutting approximately 397 square meters out of 7,045 square meters of the above land with a view to planting a lost water without obtaining permission from the head of a forest office, etc. on the above land, and by using equipment such as a bundry season, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Request for investigation, on-site photographs, report on investigation, measurement photographs;

1. Requests for delivery of written request for investigation, etc., request for cooperation, report on internal investigation (in cases of a field investigation) and application of statutes on site photographs due to reports on illegal mountainous district damage;

1. Article 55 subparagraph 2 of the Management of the Mountainous Districts Act and the former part of Article 15-2 (2), Article 53 subparagraph 1 and Article 14 (1) of the same Act concerning the facts constituting the relevant crime (excluding punishment of a penalty);

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;

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