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(영문) 대전지방법원 홍성지원 2017.08.17 2017고정15
산림보호법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act on April 2016 shall obtain permission from the head of the relevant forest office, etc.;

Nevertheless, without obtaining permission from the Administrator of the National Forest Service, etc., the Defendant converted the use of mountainous districts by piling up the fertilizers produced by the Defendant from approximately 153 square meters of the forest land located in Chungcheongnam-gun, Seocheon-gun, and D from early April 2016 to October 2016.

2. No person shall cut standing timber within a forest conservation zone in violation of the Presidential Decree on April 2016 or a violation of the Mountainous Districts Management Act, and no person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc.;

Nevertheless, on April 2016, the Defendant cut standing timber within the forest conservation zone without obtaining permission from the head of the forest office, etc., and diverted standing timber within the forest conservation zone without obtaining permission from the head of the forest office, etc., by cutting out standing timber planted in the area to be set up as a work in approximately 559 square meters of forest land C located in Ycheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, which is located within the forest conservation zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 54 (2) 1 and Article 9 (1) 1 of the Forest Protection Act related to the crime; Article 53 subparagraph 1 and Article 14 (1) of the Management of Mountainous Districts Act;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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