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(영문) 춘천지방법원 2020.05.21 2020고단36
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying its use.

Nevertheless, the Defendant, without obtaining permission from the competent administrative authority on March 2018, converted the use of miscellaneous trees to cut down, cut, and embling 3,849 square meters of Chuncheon-si B forest land, which is a quasi-permanent conservation mountainous district, in order to create a arable land.

Summary of Evidence

1. The actual condition survey report;

1. On-site photographs;

1. Forestry register;

1. Land utilization plan (the defendant and his defense counsel did not know the land category of the instant mountainous district as forest and did not have awareness of the mountainous district, and thus, they did not have the intent to commit the instant crime. The mountainous district stipulated under the Mountainous Districts Management Act includes not only the land category as forest and field, but also the land where standing timber is collectively growing, the land where standing timber is collectively growing, and the land where the collective growth of standing timber is lost temporarily. While the land of this case is classified into “the whole land” in the register of the register, the land category was changed to forest land category on November 22, 1983, and the land category was changed to forest land category on November 22, 1983. According to the air carrier around 2016, the land of this case was collectively growing, and the defendant stated that he commenced cultivation from around 2013 to remove miscellaneous trees, etc. in the instant land, it is reasonable to deem that the defendant was aware of the fact that the instant land was a forest where standing timber grow, and thus, the defendant and his defense counsel’s allegation in the above statutes are without merit.

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the conversion of this case.

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