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(영문) 의정부지방법원 2014.07.10 2014고정272
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 16, 2013, the Defendant violated the Creation and Management of Forest Resources Act obtained authorization on a forest management plan for C, D, and E with the content of harvest punishment, etc.

Anyone who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority.

Nevertheless, on August 9, 2013, the Defendant cut the standing timber of about 0.35 degrees without obtaining permission from the competent authorities in Namyang-si, which was not subject to the approval of the above management plan around August 9, 2013.

2. A person who intends to temporarily use a mountainous district, such as forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails or forest trails, or other similar mountain paths, in violation of the Management of Mountainous Districts Act, shall report such fact to the competent authority in relation to the mountainous district of state forests;

Nevertheless, on February 2013, the Defendant: (a) extracted and transported the standard trees that obstruct the electric lines for the electricity business in accordance with Article 87 of the Electric Utility Act on the Namyang-si L, Nam-si; (b) did not file a temporary use report with the competent authority to transport the cut trees; (c) expanded the existing transport roads located in M, N, and K, which are preserved mountainous districts, to cut off, and damaged mountainous districts of approximately 200 square meters; and (d) used mountainous districts in the manner of damaging approximately 3 meters in width and 459 square meters in length, which are preserved mountainous districts, by creating a road of approximately 1,377 square meters in length to Ma, D, and K, which are preserved mountainous districts.

3. A person who intends to move pine trees produced in an area other than an area prohibited from removing pine trees in violation of the Special Act on the Prevention of pine Diseases shall obtain an approval seal for confirmation of production from the competent authority or obtain a production confirmation mark, as prescribed by Ordinance of the Ministry of Agriculture, Food

Nevertheless, the Defendant, on December 2013, extracted from the process of removing the plants that obstruct the electric lines for electricity business in accordance with Article 87 of the Electric Utility Act from the south-si Lane, other than the prohibited zone for removal of the plants around December 2013.

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