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(영문) 창원지방법원 거창지원 2019.05.15 2019고정24
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts for a specified purpose, and any person who intends to lumber standing timber in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor

Nevertheless, the Defendant created access roads to improve farmland at 144 square meters of forests located in Gohap-gun B and C around spring around 2018 without obtaining permission from the competent authorities, and converted the use of mountainous districts and cut off 44 glus of nearby oak trees at will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act (a point for the diversion of an unauthorized quasi-preserved mountainous district), Article 74 (2) 2, and Article 36 (1) of the Creation and Management of Forest Resources Act, 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;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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