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(영문) 의정부지방법원 2017.08.24 2017고정1
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Any person who violates the management of a mountainous district shall obtain permission from the head of a forest office, etc.;

Nevertheless, the Defendant, without obtaining permission from the competent authority from April 26, 2016 to the 29th day of the same month, diverted with a total area of 3,176 square meters, such as 2,04 square meters of annual forest land and 2,044 square meters of D forest and 1,132 square meters of land for graveyard creation.

2. A 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 local forest office to extract a forest;

Nevertheless, on April 2016, the Defendant cut a total of 406 square meters of standing timber (42.81 square meters) for the purpose of graveyard creation in an area equivalent to 2,903 square meters of the said C forest land, 1,771 square meters, and D forest land, without obtaining permission from the competent police authority.

3. Any person who violates the Cultural Heritage Protection Act shall obtain permission from the Administrator of the Cultural Heritage Administration to change the current state of the designated cultural heritage (including protective facilities and protective zones of City/Do).

Nevertheless, from Apr. 26, 2016 to Apr. 29, 2016, the Defendant cut standing timber by using excavation season, etc. for the purpose of graveyard creation in the above C, D, and G, which is a cultural heritage protection area of Gyeonggi-do souvenirs E, with the permission of the competent authorities, and changed the phenomenon of cultural heritage (the total area of 4,063 square meters) by embling it.

4. Any person who violates the Act on Funeral Services, etc. shall obtain permission from the head of a Si, etc. having jurisdiction over the cemetery concerned and shall not establish and create a cemetery, etc. within the prohibited area.

Nevertheless, from April 26, 2016 to May 26, 2016, the Defendant, without permission from the competent authorities, set up a clan F’s sculpture, worship, and a high tide cemetery in the above C Forest, etc. designated as a restricted area for the installation of graveyards, etc.

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