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(영문) 제주지방법원 2015.07.22 2015고단1
산지관리법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from competent authorities for a specified purpose, as prescribed by Presidential Decree.

Nevertheless, on August 2014, 2014, the Defendant, without permission, cut the slope of forests and fields around the tombstones by cutting down equipment around the tombstones for the purpose of disposing of the surrounding areas of the tombstones in the Seocho-si Forest, Jeju, and created a graveyard in the form of stairs (amount of damage KRW 530,000). Thus, the Defendant converted the use of mountainous districts to mountainous districts by damaging a total of 187 square meters of forests and fields around the tombs.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of actual condition survey report, forest damaged area map, and calculation of damaged amount;

1. Investigation reports (on-site verification);

1. Application of Acts and subordinate statutes to each field photograph and field map;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;

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

1. The sentence shall be determined as ordered in consideration of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes and reflects the fact of the crime, the background of the crime in this case, the area of the mountainous district conversion, the effort to restore the original state, the fact that there is no record of punishment for the same crime

Public prosecution (Violation of the Creation and Management of Forest Resources Act)

1. A person who intends to cut and extract standing timber within the summary of the facts charged shall obtain permission from the competent authority;

At the time and place on which the crime was entered, the Defendant damaged 4 parts of trees (united 550,000 won) including 1 m, 1 m, 3m, and 15m (10cm in diameter) of trees (10cm in diameter to 15cm in diameter).

2. According to the records, on July 8, 2015, the prosecutor applied for permission to change the indictment which withdraws this part of the facts charged on the seventh day of July 2015, and this court permitted it. The prosecutor's application for permission to change the indictment is withdrawn from one of the several facts charged in substantive concurrent relation.

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