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(영문) 광주지방법원 순천지원 2018.09.13 2018고단217
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to six months of imprisonment for the crime of embezzlement and two years of suspended execution at the Gwangju High Court, and the above judgment became final and conclusive on February 15, 2017.

1. The Defendant in violation of the Mountainous Districts Management Act is a person who has obtained permission to convert a mountainous district of 26,003 square meters from C in netcheon City to build a forest complex for complex management.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she

Nevertheless, on March 14, 2015, from around July 10, 2015 to around July 10, 2015, the Defendant opened a 1,736 square meters (1,736 square meters) as a work by cutting standing trees using digging machines, etc. in D, a preserved mountainous district, beyond the boundary of the place where permission was obtained.

In this respect, the Defendant diverted mountainous districts without obtaining permission.

2. A person who intends to cut standing timber or extract or gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a local forest office, as prescribed by Ordinance of the

Nevertheless, the Defendant cut 212 copies, such as pine trees, without obtaining permission from the competent authorities at the date and place of entry in paragraph 1, and cut down a total amount of KRW 504,00.

Summary of Evidence

1. The defendant's respective legal statements (the second and fourth trial dates);

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police with regard to F;

1. A survey report, a location map, and a survey performance map;

1. Authorization of a forest management plan (No. 5 of use by prosecutions), conditions of accepting a report on temporary use of a mountainous district, etc. (No. 6 of use by prosecutions);

1. Previous convictions: The Defendant’s inquiry of criminal and investigation career data, copy of the text of the judgment, and the claim of the Defendant’s search output of the Konet case shall be considered to be a Saturday.

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