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(영문) 전주지방법원 정읍지원 2018.11.13 2018고단334
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest, and a person who intends to divert a mountainous district shall obtain permission from the head of a forest, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying the purposes thereof.

Nevertheless, the Defendant, without obtaining permission from the competent authorities for the purpose of developing a ginseng dry field, developed a forest equivalent to approximately 900 square meters in high-water c, a quasi-preserved area, and cut approximately 135 square meters in that area, developed approximately approximately 2,200 square meters in high-water c, a mountain for a quasi-preserved area, and reclaimed approximately 330 square meters in high-water c, a rural area.

As a result, the Defendant cut standing timber in a quasi-preserved mountainous district without obtaining permission from the competent authorities, and converted a total of 3,100 square meters of forest land into a dry field by changing the form and quality of a dry field.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Written opinion;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a land register, cadastral map, and written confirmation of national land utilization plan;

1. Article 74(1)3, Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017); Article 53 Subparag. 1, 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1, and Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); the conversion of a mountainous district, other than without permission, for conservation of the mountainous district; both imprisonment and fines); Article 53 Subparag. 1, and Article 14(1) of the Mountainous Districts Management Act (amended by Act No. 14987, Oct. 23, 2017)

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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