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(영문) 대구지방법원 2018.06.28 2018고정480
산지관리법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office, etc. according to the classification of the type, area, etc. of the

A. On January 2015, the Defendant, without obtaining a horse border permission, cut standing timber and installed a natural burial site in a mountainous district by using a digging season, etc. in order to create a natural burial site in the forest land B in Gyeongsan-si without obtaining permission for a horse border, thereby diverting approximately 100 square meters in mountainous districts.

B. On October 2016, the Defendant: (a) stored stone embankments (0.3-2 meters in height, 50 meters in length) in order to prevent soil erosion around the surrounding land of the said nature in the forest and fields, without obtaining permission from the Defendant; and (b) used them to convert the use of mountainous districts to prevent soil erosion in the surrounding land of the said nature.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu;

Nevertheless, the Defendant cut down one tree in the above forest without obtaining a warning permission on January 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes in the actual condition survey report, location map, field inspection map, field photographs, and statutes in the report on damaged standing timber;

1. Article 53 of the relevant Act as to the facts constituting an offense, Article 53 of the former Management of the Mountainous Districts Act (amended by Act No. 14987, Oct. 31, 2017); Article 14(1) of the former Management of the Mountainous Districts Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter referred to as “non-permitted forest”) (amended by Act No. 14987, Oct. 31, 2017); the selection of fines, respectively,

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;

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