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(영문) 대구지방법원 안동지원 2016.08.19 2016고정118
산지관리법위반등
Text

1. The sentence against the accused shall be four million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The following modifications are recognized to the extent that there are somewhat irregular or inaccurate expressions in the facts charged so that they do not undermine the defendant's right of defense:

No person shall divert a mountainous district or lumber standing timber in a forest without obtaining permission from the competent authority.

Nevertheless, without permission from the competent authority on the diversion of mountainous districts or the cutting of standing timber, the Defendant diverted the forest of 69 square meters to mountainous districts for the purpose of creating a grave site and establishing access roads thereto from November 3, 2015 to November 11, 2015 during the same month. In the process, the Defendant cut down the sum of 13 girs (6,412 cubic meters at the registered 2,412 square meters) of pine trees outside the said forest (i.e., the Defendant caused forest damage equivalent to the sum of 11,729,450 won in total based on the calculation basis of mountainous districts in 2015 and the standard table of the market value of forest trees). The summary of evidence is as follows.

1. Statement by the defendant in court;

1. The site of a survey report on actual conditions, a location map on damaged areas, a map on affected areas, a certified copy of the GPS drawings, a forest map or the ledger of forests, standards for calculating recovery expenses for mountainous districts, the registered records of standing timber and the investigation place, a table of standard amount at the market price of forest trees, and a

1. Application of Acts and subordinate statutes to investigation reports (report on telephone communications related to uniform telephone communications);

1. The point of diversion of a mountainous district without permission for the pertinent legal provisions and the choice of punishment for the crime: Article 53 subparag. 1 of the Mountainous Districts Management Act and the main text of Article 14 subparag. 1 of the Mountainous Districts Management Act (the selection of a punishment penalty): Article 74 subparag. 3 of the Creation and Management of Forest Resources Act provides that “No. 1” shall be construed as “Article 74 subparag. 1,” but, in light of the facts charged and the remaining applicable legal provisions, it appears that there is an obvious clerical error.

Article 36 Section 1 (Selection of Penalty)

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 arguments and records of this case, including the circumstances, results, age, sexual conduct, environment, and circumstances after the crime, etc., of the crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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