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(영문) 수원지방법원 여주지원 2017.05.12 2016고단956
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to create forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths in mountainous districts in violation of the Management of Mountainous Districts Act shall report thereon to the competent authority;

Nevertheless, from June 20, 2016 to December 22, 2016, the Defendant cut and filled the above B, D, E, and E, and used 2,430 square meters as a timber hold, without reporting to the competent authorities, while performing the cutting work to renew the species of trees from forest land B (C) in Innju City from around May 20, 201 to forest land.

2. A person who intends to fell standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant cut standing timber in a forest of 750 square meters of 750 square meters, which was not permitted by the competent authority, among the forest land B in the city of Si/Gu, in the city of Si/Do, as indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Survey result map;

1. A statement of damage suffered by an illegal mountainous district diversion;

1. Application of statutes on site photographs;

1. Article 55 subparagraph 2 of the relevant Act and Article 15-2 subparagraph 7 of the Mountainous Districts Management Act (the occupation of temporarily using a forest product without reporting it) concerning facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (the occupation of felling unauthorized standing timber) concerning the selection of each fine;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed in a violation of the Creation and Management of Forest Resources with heavier punishment);

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

1. Article 334(1) of the Criminal Procedure Act, without reporting the grounds for sentencing of Article 334(1) of the said Act, takes into account the area of the illegally damaged mountainous district and the area of the unauthorized felling area for the purpose of using it as a wooden fluor. On the other hand, after the instant crime, the Defendant obtained approval of a plan for recovery of 3,180 square meters of the site prior to the illegal mountainous district from a female city on May 10, 2017 (the deadline for completion of recovery).

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