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(영문) 전주지방법원 남원지원 2016.01.26 2015고정97
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. From October 2014 to November 201, the Defendant in violation of the Mountainous Districts Management Act: (a) received support from D with heavy equipment, such as workers, excavationers, etc. for the purpose of graveyard creation without consultation with the competent authority; and (b) diverted the total area of 2,747 square meters to mountainous districts for the purpose of graveyard creation.

2. The Defendant violated the Creation and Management of Forest Resources Act: (a) buried 20 pine trees without obtaining permission from the competent authorities for felling standing trees and permission for digging out forest products at the places specified in paragraph (1); and (b) laid down 268 pine trees.

3. The Defendant violated the Special Act on the Pest Control of pine wilt Diseases: (a) moved 20 pine trees, which were extracted from the relevant authorities, through D, to the Friart located in the area of 20 pine trees, without obtaining an approval seal for confirmation of production from the competent authorities or obtaining a production confirmation mark from the competent authorities; and (b) transferred them to Friart located in the area of Da.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A survey report on actual conditions;

1. Location map of damaged area;

1. Current status map of sites for transfer of illegal forests;

1. Application of on-site inspection photograph statutes

1. Article 53 subparagraph 1 of the relevant Act on the facts constituting an offense, and Articles 14 (1) (unauthorized mountainous district, selection of fines) of the Mountainous Districts Management Act, Article 74 (1) 3 and 36 (1) (unauthorized felling of standing timber and forest products, selection of fines) of the Creation and Management of Forest Resources Act, Article 17 (3) and 10-2 (1) of the Special Act on the Prevention of Fest Disease from Communicable Disease (a moving of unauthorized pine trees to be issued on production confirmation table);

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of each of the above crimes is added];

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the area of a mountainous district converted by the defendant without permission is considerably wide, and in the process, the defendant thinned or cut out without permission.

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