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(영문) 의정부지방법원 2016.09.29 2016고합233
특정범죄가중처벌등에관한법률위반(산림)등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 50,000,000 won, respectively.

, however, the defendant.

Reasons

Punishment of the crime

1. Defendant A is the site manager of G Road Construction Work and Gyeonggi-gun Relocation Work, Gyeonggi-do, within the said construction section, in which Company B is performing.

When the approval procedure of the implementation plan of the Ministry of National Defense of the Corporation that moves the above H to Gyeonggicheon-gun I was delayed, the defendant had the mind to proceed with punishment and civil works first on the site of I Corporation in order to reduce the construction period.

A. From January 2015 to July 28, 2015, the Defendant violated the Mountainous Districts Management Act: (a) performed cutting, banking, and stop work in Gyeonggi-gun, Gyeonggi-do, L, M, N,O, P, Q, Q, Q, R, T, U, and V (a total of 165,610 square meters of damaged area in 13 lots) of the land intended for construction; and (b) performed cutting, embankinging, and cutting down, or cutting down the form and quality of the mountainous district by collecting soil on the valley part, without permission from the competent authority.

B. The Defendant violated the Forest Protection Act and the State Property Act, at the above M andO (24,037 square meters in total) which is a forest conservation zone where the felling of standing timber with interest on national forests and alteration of the form and quality of land is prohibited, the Defendant changed the form and quality of land by using 502,480 won in the aggregate of six-type market prices, such as the area of the land owned by the State, 502,480 won in the aggregate, such as the standard tree in the location of the State, and by performing cutting, banking, and stop work as above.

(c)

In violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) and damage to property, the Defendant, at the same time and at the same time, cut off 12,634 standing trees equivalent to 19,246,04 won in total of 11th class market prices, such as large-scale 11 square meters, in the above J and K, L, N, P, Q, R, S, T, T, U, and V (a total of 11 damaged area per parcel), which is a forest, without permission of the competent authority, and corrected that “K” as stated in the facts charged of the indictment at the same time according to W’s statement and a certified copy of the registry, is obvious that it is a clerical error in the “P”. From this point, the Defendant cut down standing trees 9,900 won, such as a standard tree that cannot be known of the market price owned by the victim that was planted therein, thereby impairing its usefulness.

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