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(영문) 대전지방법원 홍성지원 2017.03.14 2016고정289
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the head of the relevant forest according to the classification of the type, size, etc. of the mountainous district and use thereof. However, on March 3, 2011, the Defendant mobilized a digging machine from Seocheon-gun C, Seocheon-gun, to remove miscellaneous trees, such as Accaria, for the purpose of planting lost trees, and converted the use of the mountainous district into a mountainous district without obtaining permission from the competent administrative agency by fl

2. A person who intends to cut standing timber or extract or gather forest products within 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 local forest office, but on February 2, 2016, the Defendant cut down two night trees (registered 0.57 square meters) without obtaining permission from the competent authority in Seocheon-gun D around February 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (the occupation of changing the form and quality of a mountainous district without permission), Article 74 (1) 3, and 36 (1) (the occupation of felling without permission) of the Creation and Management of Forest Resources Act, and 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;

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

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