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(영문) 춘천지방법원 강릉지원 2014.01.22 2013고단834
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2013, the Defendant, as the owner of C and D land, began to construct a new house on the ground of the above land.

1. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the competent authority to cut standing timber in a forest;

Nevertheless, on January 1, 2013, the Defendant cut standing trees by using mechanical saws, such as refrout 120gs, which were born in and out of E and F forests located after the land owned by the Defendant without obtaining permission from the competent authorities, while performing the land rearrangement work as seen above, when the Defendant was performing the land rearrangement work.

Accordingly, the defendant cut standing timber without permission.

2. Any person who violates the Management of Mountainous Districts Act shall report to the competent administrative agency to divert a mountainous district;

Nevertheless, without reporting to the competent authorities at the above date, at the above time and place, the Defendant cut out standing timber equivalent to the E forest 2,068 cubic meters from the machinery saw as stated in the above 1.1., and changed the form and quality in such a way as to cover the site as a scke.

Accordingly, the defendant converted mountainous districts to mountainous districts without permission.

3. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority where he/she intends to engage in development activities, such as changing land form

Nevertheless, on January 2013, the Defendant changed the form and quality by using a scicker with a size equivalent to G, H, E, F, I Railroad Site and J, C, D land 1,772 square meters, without obtaining permission from the competent authority.

Accordingly, the Defendant, without permission, engaged in development activities.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the actual condition survey report, the standing timber concentration table, the location map, the survey map of the current status of forest damaged land, and the field photograph-related Acts and subordinate statutes;

1. Article 74 of the Creation and Management of Forest Resources Act relating to facts constituting a crime and the selective punishment;

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