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(영문) 광주지방법원 2017.02.02 2016고정1775
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority and obtain a report thereon;

The Defendant, without obtaining permission from the competent authorities for felling standing timber on April 2014, cut out standing timber of 71 m39,040 square meters and 36.20 m20 m2 on the register of the damage from standing timber in the net Chang-gun B owned by the Defendant, using a mechanical saw in which he/she owns the Defendant, thereby causing forest damage amounting to KRW 339,040.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from or report to the competent administrative agencies;

The Defendant, without obtaining permission to convert a mountainous district from the competent authority, did not obtain the same and caused forest damage of KRW 17,082,620, which is necessary for restoration of a mountainous district by digging out 1.27 square meters of the total cadastral area (13.84 square meters) of net Chang-gun B (13.84 square meters) on March 2016, using a scam cambling cam, which was already cut by using a scam scam, night trees, and other active trees (official title), and damaged scams, such as ground plants, etc., by diverting a mountainous district into farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. To apply Acts and subordinate statutes, a report on the on-site inspection of areas damaged by each forest and a survey report on actual conditions;

1. Article 74(1)3, Article 36(1) (unauthorized felling of standing timber) of the Act on the Creation and Management of Forest Resources subject to the pertinent Act and Articles 74(1)3, and 36(1)1, and 53 subparag. 1, and 14(1) of the Mountainous Districts Management Act concerning facts constituting a crime (the selection of each fine);

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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