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(영문) 의정부지방법원 2017.02.16 2016고정2391
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the competent forest office, etc. according to the classification of the type, area, etc. of the mountainous district after setting the purpose thereof. However, the Defendant changed the form and quality of the mountainous district by cutting off and raising the sum of 1,154 square meters of the forest area B forest area in Gyeonggi-do, Gyeonggi-do, without obtaining permission from the competent authority.

2. A person who intends to cut standing timber or extract or gather forest products within 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 local forest office, but the Defendant cut 148 standing trees without obtaining permission from the competent authority in the above forest and field around B, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of each investigation report and field photographs and video-related Acts and subordinate statutes;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (the occupation of changing the form and quality of a mountainous district without permission), Article 74 (1) 3, and 36 (1) (the occupation of felling without permission) of the Creation and Management of Forest Resources Act, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the fact that the defendant does not have any criminal records identical to that of the defendant for the reason of sentencing, and that the defendant seems to have reached this court and restored to its original state, shall be determined like the text;

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