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(영문) 대전지방법원 천안지원 2016.11.18 2016고단1460
산지관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, from February 10, 2016 to November 11, 2016, the Defendant converted a mountainous district into a manner of changing the form and quality of the mountainous district by cutting off and raising 29 square meters in the 90 square meters of land in the Dong-gu, Dong-gu, Dong-gu, Seoul, and D 209 square meters of forest, without obtaining permission for mountainous district conversion.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food

Nevertheless, without obtaining permission from the head of Si/Gun/Gu or the head of the regional Forest Service, the Defendant cut standing timber in a way that sets up approximately 219 m2, including standing trees, which were planted in the aggregate of 1,570m2 and D 4,662m2m2 in Yan-gu, Yandong-gu, Dong-gu, Dong-gu, Incheon Metropolitan City without obtaining permission on the date specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reporting on the detection of illegal forest damage, and acceptance and notification of a report thereon;

1. The actual condition survey report;

1. Application of land cadastre and cadastral map statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, the selection of penalties, and the selection of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act requires a large number of time and effort to preserve mountainous districts and standing timber in their original form. Therefore, the development of forestry by reasonably preserving mountainous districts and standing timber.

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