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(영문) 대구지방법원 2013.11.29 2013고정2439
산지관리법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the Management of Mountainous Districts Act shall temporarily use the Mountainous Districts without permission therefor;

Nevertheless, on April 2013, the Defendant, without obtaining permission for temporary use from the Administrator of the Korea Forest Service, temporarily used a mountainous district of a size of 417 square meters in a size of 417 square meters in the vicinity of a cemetery by using a digging hole in the Cheongdo-gun C and D, Cheongbuk-do-gun and D.

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, the Defendant, at the time and place specified in paragraph (1) without obtaining permission from the competent authorities to cut standing timber, cut 20 standing timber, such as pine trees, and 20 standing timber, from D forest land owned by E and eight persons, without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. The photographic site;

1. Protocol by lot in a forest damaged area;

1. A written investigation of damaged standing timber;

1. Application of the forestry map Acts and subordinate statutes;

1. Article 53 subparagraph 2 of the Act on the Punishment of Mountainous Districts and Articles 15-2 (1) of the Management of Mountainous Districts Act concerning facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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