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(영문) 광주지방법원 목포지원 2014.12.22 2014고정531
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu, and a person who intends to lumber standing timber shall obtain permission from the head of a Si

Nevertheless, on October 2013, the Defendant installed a retaining wall with a height of 80 cm and a distance of 30 mm or more in the forest land in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do, and diverted the use of a mountainous district with a height of 30 m or more, and cut off three-dimensional trees outside of 450m or more, among the forest land in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-gun, which is located within 450m or

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report, site location map, and forest damaged area Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts (the occupation of cutting down trees without permission and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

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

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