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(영문) 제주지방법원 2016.09.21 2016고정444
산지관리법위반
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

The defendant is a person who leases and manages a forest land D in Jeju City owned by the Association from among the doors C.

A person who intends to temporarily use a mountainous district for the purpose of grazing livestock shall report to the head of a forest in relation to the mountainous district of national forests, and to the head of a Si/Gun/Gu in relation to mountainous district of a forest which is not a national forest.

Nevertheless, from January 2, 2016 to May 2, 2016, the Defendant installed a fence and a non-forest prevention with a steel pipe, and loaded a container, with a view to cutting the 8-marine, livestock in the forest and fields at the above place, for the purpose of cutting the 8-marine, livestock.

Accordingly, the Defendant did not report the temporary use of mountainous districts to Jeju City Mayor and damaged the forest damage recovery cost of KRW 24,183,000,000, in total area of cadastral area of KRW 7,038,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (explosion of forest damaged matters), field photographs, location of the scene, investigation reports (explosion of geographical items), land registers and certified copies of cadastral maps, and investigation reports;

1. The actual survey report, on-site photographs, and satellite photographs;

1. A detailed statement of investigation report (specific as damaged area), degree of forest damaged area, and calculation of damaged amount;

1. Investigation report (whether livestock raising is authorized or permitted, and confirmation of a land use plan), land use plan confirmation personnel;

1. Application of Acts and subordinate statutes to a report on investigation (land lessee E currency);

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Article 55 subparagraph 2 of the Mountainous Districts Management Act and Article 15-2 (2) 5 of the Mountainous Districts Management Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

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