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(영문) 대구지방법원안동지원 2020.10.27 2020고정58
산림보호법위반등
Text

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

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

Reasons

Punishment of the crime

No standing timber shall be cut in a forest conservation zone, and a person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts specified by Presidential Decree,

Nevertheless, around June 2019, the Defendant cut 97 standing timber, including 5 pine trees, for the purpose of building temples on adjoining land in the Gyeongcheon-gun, Gyeongcheon-gun, which is a conservation zone for forest genetic resources and a conservation zone for preserved mountainous districts, and created a site by using a refluence season, etc. in a size equivalent to approximately 2,100 square meters of the above forest without obtaining permission from the competent authorities.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports (whether it falls under preserved mountainous districts in this case) on the actual state of the defendant's statement in court;

1. Relevant Article of the Act on Criminal Facts, Articles 54 (2) 1 and 9 (1) of the Forest Protection Act (the occupation of felling standing timber), Article 53 (1) and the main sentence of Article 14 (1) of the Mountainous Districts Management Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the area of a mountainous district unlawfully diverted by the defendant, the fact that the defendant had a record of punishment for committing a crime violating the Management of Mountainous Districts Act of the same kind, and that the defendant has completed restoration to the original state, but it is deemed that a summary order has already been issued in consideration

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