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(영문) 의정부지방법원 2014.11.13 2014고정2215
산림자원의조성및관리에관한법률위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the Management of Mountainous Districts Act shall convert a mountainous district without permission therefor from the Administrator of the Korea Forest Service;

However, without permission from the Administrator of the Korea Forest Service, etc., the Defendant changed the form and quality of the mountainous district by constructing forest roads and installing drainage channels using cutting machines, etc. in a mountainous district of a size of 257 square meters located in Seocheon-si B from November 16, 2013 to November 20, 2013.

Accordingly, the Defendant diverted mountainous districts without permission of the Administrator of the Korea Forest Service.

2. No person who violates the Creation and Management of Forest Resources Act shall thin out standing timber or thin out or gather forest products in a forest without permission from the competent authority;

However, without permission from the competent authorities, the Defendant cut 39 parts of standing timber (which are reasonable from 9.57 cubic meters) that were born in the date and place specified in paragraph (1).

Accordingly, the defendant cut standing timber in the forest without permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of illegal land, a report on illegal felling forest surveys, and a map of an illegally damaged area;

1. A detailed statement for calculating the amount of damage from forest products, and the application of statutes of the Korea Forest Service of 2013 to the standards for calculating recovery expenses;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, Article 14 (1) (unauthorized use of mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime, the selection of each fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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