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Defendant shall be punished by a fine not exceeding one million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
A person who intends to cut standing timber in a forest shall obtain permission from the competent authorities, and a person who intends to divert a forest shall obtain permission from the competent authorities for a specified purpose, but the defendant shall be recognized as criminal facts, in light of the investigation records 40,65 pages, etc. on June 2012 without obtaining permission from the competent authorities, based on the investigation records around 40,65 pages, etc. specified in the facts charged.
In the forest land owned by the Gu-si B, in the process of combining the father of the defendant who had been existing in the past with her mother in his/her own grave, he/she performed flat work and cut standing timber.
As a result, the Defendant converted the use of mountainous districts by changing the form and quality of the area, excluding the cemetery size of father who had been existing in the existing cemetery area from 240 square meters, and cut off the three-class 77 of standing timber trees, other than the surrounding tree, from 10.52 cubic meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of suspect by the special judicial police officer against the accused;
1. Statement of the special judicial police officer against D;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes on site photographs and photographs;
1. Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources (Amended by Act No. 11456, Jun. 1, 2012); Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;
1. It is reasonable to view that an act is a single act under the social norms under Articles 40 and 50 of the Commercial Concurrent Act. Supreme Court Decision 2006Do492 Decided July 28, 2006 regards a crime of violation of the Mountainous Districts Management Act, which diverts a mountainous district without permission, at the same time and place as the crime of causing property damage to another person's standing timber, as an ordinary concurrent relation. Supreme Court Decision 201Do13941 Decided December 22, 2011 201 sees that the same date and time as the crime of causing property damage to another person's standing timber, and the crime of violation of the Creation and Management of Forest Resources Act, which cut standing timber at a place without permission, as an ordinary concurrent relation