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(영문) 대구지방법원 서부지원 2017.06.16 2017고정71
산지관리법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. A person who intends to temporarily use a mountainous district to create a road for works in violation of the Management of Mountainous Districts Act shall report it to the competent authority;

Nevertheless, on October 2016, the Defendant temporarily used a mountainous district of a size of 135 square meters, without reporting the temporary use of a mountainous district, such as creating a work road for transporting forest trees using a scooters, with regard to Gyeongbuk-gun, which was in the middle of 2016.

2. A person who intends to cut standing timber, etc. in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant cut approximately KRW 51 Kao tree with machine saws without obtaining permission from the competent authorities in Da, E, and in the same manner as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a certified copy of a forestry map, a certified copy of forest register, and a written confirmation

1. Subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of the Mountainous Districts Act concerning the facts constituting an offense; Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act; and selection of fines;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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