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(영문) 대구지방법원 상주지원 2015.10.06 2015고정154
산지관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

(a) Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and area prescribed by Presidential Decree

Nevertheless, on April 2013, the Defendant, without obtaining permission from the competent authority, committed an act of converting mountainous districts into mountainous districts by changing the present state of mountainous districts by cutting and raising earth and sand to create farmland in the forest and forest land owned by the B, and by causing forest damage equivalent to KRW 2,353 square meters in the damaged area and KRW 28,095,000 in the damaged amount.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs

Nevertheless, on December 2014, the Defendant, without obtaining permission from the competent authority, cut 171 parts of saw trees (28.20 cubic meters) and 13 parts of pine trees (3.63 cubic meters) into the damaged area of forest land as stated in paragraph (1) on a 2,699 square meters, thereby causing damage to KRW 247,440 and the damaged area’s restoration cost (1,441,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of fines for each crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not have any history of criminal punishment against the defendant, the defendant does not have any circumstances to consider the circumstances leading to the instant crime, and efforts were made to recover damage, and the owner of the damaged forest and fields.

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