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(영문) 대구지방법원 상주지원 2014.06.10 2014고단88
산지관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, on April 20, 2013, the Defendant: (a) leased the land B from the owner C and developed the land as an Oral field; (b) without obtaining permission from the head of the permanent state forest management office in the adjacent D state forests; and (c) developed the land by removing miscellaneous trees, such as tree control, by using black land for the purpose of developing dry field and dypizing it for three days.

As a result, the Defendant converted the use of mountainous districts to approximately KRW 10,436,760,00 for recovery costs, in the area of a total of 2,670 square meters.

2. A person who intends to fell standing timber, extract and gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, the Defendant, without obtaining permission from the Director of the Permanent State Forest Administration, cut down trees control (the amount of standing timber damage, KRW 1,482,00, KRW 395,690) using a light flag when creating a reed field as above at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Details of damage calculation on afforested trees;

1. Application of statutes on site photographs;

1. Article 53 subparag. 1 of the Act on the Management of Mountainous Districts, the main sentence of Article 14(1) of the Management of Mountainous Districts Act, Articles 74(1)3 and 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014); the selection of each fine for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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