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(영문) 청주지방법원 영동지원 2011.12.15 2011고단257
산지관리법위반등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. A person who intends to change the form and quality of a mountainous district by opening a road with facilities related to forest management in a mountainous district in violation of the Management of Mountainous Districts Act shall file a report thereon with the Minister of the Korea Forest Service or the head of a Si

Nevertheless, the Defendant did not report to the competent authority on May 2008, from around April 201 to April 2010, the Defendant illegally diverted mountainous districts equivalent to 26,075 square meters in total by opening an additional road with a width of 3 meters, length of 8,692 meters from the forests and fields owned by the Defendant, which were owned by the Defendant, using the excavated machine, etc. from May 2008 to April 201.

2. A person who intends to cut standing timber or extract or gather forest products 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 regional forest office, as prescribed by Ordinance of the Ministry for Food, Agriculture

Nevertheless, from May 2008 to April 2010, the Defendant used machinery saws and water work units in the Defendant’s forest owned by the Defendant, and cut standing timber illegally without obtaining permission from the head of the Young-dong Gun, such as cutting down total 1,825 of 1,825 of standing trees (142.34 cubic meters of standing timber, 1,128,750 cubic meters of standing timber) from 848 (64.40 cubic meters of standing timber) and 977 of standing timber from riradada (7.94 cubic meters of standing timber).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Land register;

1. Restoration order of each unlawfully converted mountainous district (Investigation records 90, 94 pages);

1. Application of each investigation report (applicable to investigation records92, 105, 113, 160, 171, 178, 180, 181, 194, 243, 261, 271, 286);

1. Subparagraph 1 of Article 55 of the relevant Act on the Management of Mountainous Districts Act and Article 15 (1) of the same Act on criminal facts, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act, and the selection of imprisonment for each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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