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(영문) 창원지방법원 거창지원 2015.07.01 2015고정37
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On March 2012, the Defendant: (a) obtained authorization of a forest management plan with respect to Gyeongcheon-gun B in the name of the police, and reported the implementation of a forest project that involves felling of trees (70% of the deforestation).

However, in the course of cutting down trees from June 2012 to December 12, 2012, the Defendant cut down all the pine trees of 34.24 cubic meters on the register of 11,420 square meters (10% of the felling rate) and cut down trees for which no legitimate report has been filed without obtaining permission from the competent administrative agency, in excess of the acceptance details of the report.

2. From August 2012 to September 9, 2012, the Defendant: (a) temporarily used mountainous districts of 187 square meters for a temporary use of mountainous districts, which are equivalent to 3 to 4 days, in the mountainous districts of Gohap-gun, Chungcheongnam-gun; (b) on other sections than those for which a report on the implementation of a forest project was filed to establish a work site; and (c) on other sections than those for which a report on the implementation of a forest project was filed to establish a work site, the Defendant mobilized equipment and installed it as a work

3. From March 2013 to September 2, 2013, the Defendant converted a mountainous district of a size equivalent to 160 square meters by installing two containers and one sperm together without obtaining permission for mountainous district conversion in the mountainous district of Gohap-gun, Chungcheongnam-gun.

4. On March 25, 2013, the Defendant for a temporary use of a mountainous district without reporting around March 25, 2013 is located within the mountainous district of Gohap-gun, Gohap-gun around March 25, 2013.

In order to construct an unauthorized temporary building, such as the entry in the port, the access road was installed to the place, and the mountainous district equivalent to 10 square meters was used temporarily.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each police statement made to D and E;

1. The second spot investigation report and the second spot investigation report;

1. Each investigation report (the investigation of permitted persons and the clinical examination of airlines);

1. Application of Acts and subordinate statutes concerning business trip reports, authorization and permission documents;

1. Article 74 (1) 3 and Article 36 of the Creation and Management of Forest Resources Act relating to facts constituting an offense and selective punishment;

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