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(영문) 창원지방법원 통영지원 2013.10.31 2013고단623
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

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

On March 2013, the Defendant used a mountainous district of approximately 2,374 square meters, without obtaining permission from the competent authority, for the purpose of creating a private wheeledow experience center and a spool boom in B forest land in the middle of 2013.

2. Any person who violates 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 for felling standing timber or extracting or gathering forest products in a forest;

The Defendant cut 215 copies of active trees that were planted at the place without obtaining permission for cutting trees from the competent authorities at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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