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(영문) 대구지방법원 상주지원 2015.04.14 2015고정29
산지관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent administrative agency for the purpose of the diversion of a mountainous district. However, on April 7, 2012, the Defendant laid down trees of 1,110 square meters out of B forest land at the time of residence on April 7, 2012 without obtaining permission, and created farmland to divert the mountainous district without permission.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority, but the Defendant, while creating farmland as referred to in paragraph (1) without obtaining permission from the competent authority, destroyed the amount of damage equivalent to KRW 1,031,00,000, by cutting off the numerical vic trees, etc. from the forest above the said temporary border by using the digging season, etc. in the forest above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing field photographs of damaged land;

1. Article 53 Subparag. 1, Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012); Article 74(1)3, and Article 36(1) of the former Forest Resources Creation and Management Act (amended by Act No. 11690, Mar. 23, 2013); the selection of each fine for a crime

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

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

1. The sentence shall be imposed as ordered by taking into account the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, in which the defendant does not have any criminal record identical to that of the defendant; and (b) the age, character and conduct and environment of the defendant; (c) the motive, means and consequence of the crime; and (d)

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