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(영문) 대전지방법원 공주지원 2018.09.21 2018고정47
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

No person shall fell standing timber, etc. without permission from the competent administrative agency or with permission obtained by fraudulent or other illegal means, and shall divert a mountainous district without permission therefor.

Nevertheless, the Defendant removed standing timber within state forests under the jurisdiction of the Korea Forest Service B in around 2016, which is the competent authority, without obtaining permission from the competent authority, in order to cultivate crops on April 2017, the Defendant used agricultural Track for a strawing with a shot-type with a shot-type with a view to cultivating crops, and diverted a mountainous district with a total of 1,225 square meters in size.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Determination as to the assertion of the Defendant and his defense counsel by the fact-finding report, investigation report (Evidence No. 14 No. 5)

1. Claim for prescription;

A. The summary of the argument is that the Defendant planted and cleared arable trees around 2006, and the act at issue in the instant case is merely a repeated violation at the same place. This part of the facts charged was final and conclusive.

B. Determination of the Defendant’s act of planting and clearing around 2006 and removal of standing timber and diversion of mountainous district in the instant criminal facts are separate acts.

The completion of the statute of limitations is merely an act of planting and clearing in around 2006 and the statute of limitations for removal of the defendant's standing timber and conversion of mountainous district into mountainous district has run separately. Therefore, this part of the argument is without merit.

2. The assertion that it is an act according to the measures taken by the competent authorities;

A. The summary of the assertion is that the Defendant removed standing timber after being ordered by the competent authority to transplant ornamental trees, etc., and such removal does not constitute a violation of the Creation and Management of Forest Resources Act.

B. In a case where a person intends to fell standing timber, he/she shall obtain permission from the competent authorities, which is irrelevant to whether there was a removal order, etc. by the competent authorities.

Defendant’s permission.

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