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(영문) 춘천지방법원 원주지원 2015.08.25 2015고정331
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. A person who intends to temporarily use a forest road in violation of the Management of Mountainous Districts Act, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report thereon to the Minister of the Korea Forest Service for mountainous districts of state forests and to the head of a Si/Gun/Gu for mountainous districts of forests which are not state forests;

Nevertheless, the Defendant, without reporting to the original state Mayor from February 2, 2015 to March 2, 2015, opened a forest road of 1,506 meters (50 meters in length: 502 meters in width: 3 meters) in the original state D forest owned by C without permission, from the end of February 2015 to the end of March 2015.

Accordingly, the defendant was temporarily used without reporting temporary use of mountainous districts.

2. A person who intends to cut standing timber or extract or gather forest products in a non-compliant forest shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Nevertheless, without obtaining permission from the original state market, the Defendant cut off 39 malone (standing timber planting 1.9 m3m in cubic meters) which was found in a square of 863m of F forest land owned by E during the same period as that of paragraph (1).

Accordingly, the defendant cut standing timber without permission from the mayor, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Giving an accusation against the violator, such as the Creation and Management of Forest Resources Act;

1. Voluntary statement;

1. A location map, written confirmation of each land use plan, forestry cadastral map, a certified copy of land cadastral map, and cadastral map;

1. Protocol of registered calculation;

1. Written estimate;

1. On-site photographs;

1. Whether or not to grant permission for cutting standing timber, or details of permission;

1. Application of the Acts and subordinate statutes to a felling business;

1. Article 55 subparagraph 2 of the relevant Act and subparagraph 2 of Article 15-2 of the Management of Mountainous Districts Act (the occupation of temporarily using a mountainous district), the former part of Article 15-2 (2) (the occupation of temporarily using a mountainous district), 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 a fine, respectively;

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