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(영문) 대전지방법원 홍성지원 2017.07.13 2017고정103
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to temporarily use a mountainous district in violation of the Management of Mountainous Districts shall report such fact to the head of a forest in relation to the mountainous district of national forests, and to the head of a Si/Gun/Gu in relation to the mountainous district of

Nevertheless, on December 2, 2015, the Defendant temporarily used a mountainous district of approximately 290 square meters, such as cutting off and raising b90 square meters by using a digging season, etc., for the purpose of creating a working route without reporting to the head of the budget branch in the Hannam-gun budget B, Chungcheongnam-gun.

2. A person who intends to fell standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, on December 2015, the Defendant cut off about 40-year-old trees, such as pine trees and teach trees, by using mechanical saws, without obtaining permission from Chungcheongnamnam Budget Group B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and the selection of each fine, respectively; Articles 55 subparag. 2 and 15-2 subparag. 7 of the Mountainous Districts Management Act;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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