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(영문) 대구지방법원 안동지원 2015.12.15 2015고단680
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, for such

On March 2013, the Defendant cut the mountainous district and unlawfully diverted the area equivalent to 2,348 square meters by using mechanical equipment such as Tracter, etc. for the purpose of creating farmland in salary-gun C, a forest owned by the Defendant, without obtaining permission for mountainous district conversion.

B. Around March 2015, the Defendant cut mountainous districts and temporarily diverted the area of approximately KRW 345 square meters to illegal use, without obtaining permission for conversion of mountainous districts, for the purpose of building access roads to convert land from the salary-gun E, a forest owned by D and two other forests and fields, and the land suspension work.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food

Nevertheless, the Defendant, without obtaining permission for felling standing timber, cut the standing timber determined as damaged trees for agricultural crops from the Yancheon-gun G, a forest owned by F, from March 2013 to March 2015, and, in mind, cut it from about 1,538 square meters of the damaged area of standing timber ( approximately 15 to 35 years of age, 7 to 11 meters of height, 14 to 28cm of breast height) to 24 square meters of the total standing timber damaged by 3.96 cubic meters of the total standing timber and active trees ( approximately 3.96 cubic meters of age, 4 to 6 meters of age, 4 to 10c meters of breast height, 4 to 10c meters of the total standing timber damaged by 41 cubic meters of the damaged tree at the end of 0.9 meters on the surface of the Defendant, made the extent equivalent to 26 to 29.26 meters of the total volume of standing timber damaged by 41 cubic meters.

As such, the Defendant unlawfully diverts mountainous districts and thins standing timber, thereby damaging the entire forest.

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