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(영문) 춘천지방법원 강릉지원 2016.04.08 2015고정308
산지관리법위반등
Text

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

If the above fine is not paid, the sum of KRW 100,000 shall be one day.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the Administrator of the Forest Administration, etc., but the Defendant, without obtaining permission from the Administrator of the Forest Administration, etc., created two 464 square meters in total, where a pond is located in B of the same Dong and East Sea, and converted the use of mountainous district without permission from the Administrator of the Forest Administration, etc.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act, without obtaining permission from the Mayor, etc., the Defendant cuts the total sum of 3.3 square meters of the total area of 28 square meters during the period from around December 2011 to January 2015 without obtaining permission from the Mayor, etc., and cut standing timber without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Violation of Article 53 subparag. 1 and Article 14 subparag. 1 of the Mountainous Districts Management Act with respect to the facts constituting an offense: Violation of the Creation and Management of Forest Resources Act as indicated in the relevant provision of the relevant Act and the judgment of the choice of punishment: Articles 74 subparag. 3 and 36(1) of the Creation and Management of Forest Resources Act;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes prescribed in the violation of the Mountainous Districts Management Act with heavier punishment, but the upper limit shall be the maximum amount of two crimes);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although there are extenuating circumstances, such as the violation of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, and the first offender, etc., the crime of this case by causing mistake with forest land or standing timber within one’s own land, even if it does not constitute the crime of this case, it does not constitute a circumstance to avoid the liability for each of the crimes of this case, and only the crime of converting a mountainous district without permission is committed.

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