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(영문) 제주지방법원 2014.10.02 2014고단795
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 2014 to the 27th day of the same month, the Defendant, without obtaining permission for mountainous district conversion from the Sinpo City, which is the competent authority, and converted the mountainous district into a manner of cutting or banking, by removing 27 pieces of pine trees, which were born therein using equipment such as pora, etc., from 5,704 square meters of forests and fields located in Seopo-si B, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site reports, land cadastre, copies of cadastral map, confirmation of land use plan, actual survey report, actual extraction status of pine trees without permission, investigation report (calculated of damaged area), meeting of investigative cooperation request, withdrawal source, and application of respective Acts and subordinate statutes to each photograph;

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for criminal facts: Article 53 of the same Act and the main sentence of Article 14 (1) of the same Act;

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

1. Provisional payment order: The punishment is determined as per the order, considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime is recognized and reflectd; the implementation of the restoration to the original state is completed through planting trees; the first offender who has no record of criminal punishment; the damaged forest area is equal to 5,704m2; the damaged forest area is equal to 5,704m2; and the public official in charge has been notified that the work should be conducted after going through lawful procedures; and other matters, such as the age, occupation, family relationship, etc. of the defendant;

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