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(영문) 광주지방법원 2018.12.13 2018고단4026
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Creation and Management of Forest Resources Act, cut standing timber without reporting to the competent authorities, and from the early February 2, 2018 to March 2, 2018, the Defendant cut standing timber by means of excavating mons C, D, E, F, and G5 square meters on the ground of 6,685 square meters on the remaining f, f,00 square meters.

2. From the beginning of February 2018 to March 2, 2018, the Defendant engaged in development activities to change the form and quality of land by excavating land using c, D, H, H, E, I, J, K, K, L, or G 9 lots of land at a size of 2,952 square meters between the police officer and the police officer in charge of the competent authority, and by storing concrete retaining walls on the boundary of land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to M;

1. Each accusation;

1. On-site photographs, copies of the cadastral map (the No. 11 of the evidence list), investigation reports (the telephone search and investigation into the area of development activities), and reports on the results of business trips;

1. Application of investigation reports (Attachment of documents confirming a land use plan, etc.) and written confirmation of land use plan attached thereto;

1. Relevant Article of the Act on the Establishment and Management of Forest Resources and Article 74(1) and Article 19(5)1 of the Creation and Management of Forest Resources Act; Selection of the crime of a fine: Article 140 subparagraph 1 of the National Land Planning and Utilization Act; Article 56(1)2 of the National Land Planning and Utilization Act; Selection of a fine;

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

1. Although the crimes are different from the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, it shall be subject to criticism in that it is a crime during the suspended execution period.

However, considering the fact that the crime was committed, the background leading up to the crime, the restoration of all damaged areas of the forest of this case, and the fact that the new permission for development activities is proceeding lawfully.

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