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(영문) 청주지방법원 영동지원 2013.09.05 2013고정42
산지관리법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products 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, Forestry and Fisheries, and a person who intends to convert a mountainous district shall obtain permission for the purposes specified by Presidential Decree.

Nevertheless, around March 3, 2012, the Defendant changed the form and quality of trees, etc. in the area of 1,730 square meters in the area of 1,730 square meters without obtaining the aforementioned permission, thereby causing damage equivalent to KRW 6,327,140, by cutting down trees, etc. in the said area and by creating access roads.

Summary of Evidence

1. Defendant's legal statement;

1. Images of a measurement drawing using the GPS machine owned by each rooftop-gun;

1. Images of each on-site photograph;

1. Application of statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 and Article 36 of the Creation and Management of Forest Resources Act and selection of fines for criminal facts;

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

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is decided as per the Disposition in consideration of the following: (a) the defendant reflects his mistake after the crime of this case and restored the forest to the original state.

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