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(영문) 대전지방법원 2012.12.06 2012고정2310
산지관리법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to cut standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, and any person who intends to divert a forest shall do so specifying purposes.

Nevertheless, the Defendant, as a head of the Dong-gu Daejeon-gu Tong-gu B head of the Dong-gu, obtained the above permission under the pretext of expanding the existing roads so that residents can walk with vehicles, etc., and cut 14 parts of the 3 lots of forest land, such as Daejeon Dong-gu C, D, and E from August 15, 2012 to August 20, 2012, and converted the form and quality of the forest by cutting down 14 parts of the 2,690 square meters of the above forest land from around August 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes on the actual survey report, location map, field photographs (investigative records 7-9 pages), standing timber report (investigative records 12 pages);

1. Article 74 (1) 3, Article 36 (1) of the Creation and Management of Forest Resources Act regarding facts constituting an offense, Article 53 subparagraph 1, and Article 14 (1) of the Management of Mountainous Districts Act (amended by Act No. 11352, Feb. 22, 2012); the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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