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(영문) 대구지방법원 안동지원 2015.06.30 2015고단236
산지관리법위반등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts for a specified purpose, and a person who intends to fell standing timber in a forest shall obtain permission from the

Nevertheless, the Defendant, without obtaining permission from the competent authority for conversion of a mountainous district and permission for cutting standing trees from December 4, 2014 to around the 5th day of the same month, made a path by cutting and embling the area of approximately 1,441 square meters of the above forest land by using a digging pool in order to create a forest transport channel and an access road to the cemetery in Ansan-dong forest from around the same month, and cut standing trees, such as pine trees using electric saws, 146, such as pine trees, etc., to be used as a flower, and cut standing trees without permission.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Standing timber planting protocol and standing timber investigation site;

1. The application of the relevant Acts and subordinate statutes to a location map of damaged areas and an observation of damaged areas;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to expand the area of the exclusive use mountainous district by the defendant, and there is a large number of standing timber cut.

However, the defendant has no record of being punished for the same crime, has restored the state to the original state, and shows a attitude against the mistake.

The sentencing of the same case as above, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant shown in the arguments, and the conditions after the crime is committed.

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