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(영문) 청주지방법원 2016.05.31 2015고정744
산지관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply

On September 24, 2012, the Defendant was authorized to revise the forest management plan on the change of the afforested area, change of the species of trees afforested, work routes, or change of the length or width, for the purpose of forest management by installing a tree planting and work route for Cheongju-gu public interest zone C forest.

However, on May 2014, the Defendant: (a) opened access roads to the use of farming land by cutting and flating the land of 761 square meters out of the above forest, using pokes; (b) around April 2015, the Defendant laid down mulberrys using pokes for the purpose of organizing the site for 778 square meters out of the above forest. (c) On April 2015, the Defendant laid down mulberry seedlings using pokes for the purpose of planting and planting the land.

As above, the Defendant converted the use of mountainous districts without obtaining permission by changing the form and quality of forest land of 1,539 square meters in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses concerning D among the five-time public trial records;

1. Each legal statement of witness E and F;

1. Details, location map, and current status and photographs of areas damaged by forests;

1. Forest land register;

1. Application of Acts and subordinate statutes concerning authorization for a forest management plan;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts Act concerning the facts constituting an offense and the selection of punishment;

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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