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(영문) 대전지방법원 홍성지원 2012.12.27 2012고정315
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc., and a person who intends to cut standing timber in the forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, but the defendant, on March 3, 2012, had D, who was aware of the fact in the forest of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, using a mechanical saw, put about about 30 brus of pine trees for about 10 and 20 years, who was called the person in the place, using a mechanical saw, and 90,000 square meters from the above forest among the above forests, paid KRW 18,00 square meters of working expenses to E during the period of two days on April 2, 2012.

Accordingly, the defendant extracted standing timber without permission and diverted mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (investigative records No. 73 pages);

1. Article 53 subparagraph 1 of the relevant Act on criminal facts and Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the occupation of conversion of a mountainous district and the selection of fines), Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting standing timber without permission 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 (within the extent that the aggregate amount of the crimes above two crimes is added to a crime of violating the Mountainous Districts Management Act, the punishment of which is heavier) among concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the Defendant already completed restoration of the forest, damaged the forest, and the soil and sand taken out to the original state, and that the planting of forest trees does not immediately work as soon as possible after being cut off.

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