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(영문) 의정부지방법원 2014.11.27 2014고정1967
산지관리법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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 Mountainous Districts Management Act shall divert a mountainous district without permission from the Administrator of the Korea Forest Service;

Nevertheless, on May 9, 2014, without permission from the Administrator of the Korea Forest Service, etc., the Defendant opened a cemetery stone shed in a forest located in Seocheon-gun, Gyeonggi-do, and changed the form and quality of a mountainous district on a land of a size of 60 square meters.

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 cut standing timber, etc. in a forest without permission from the competent authority;

Nevertheless, without permission from the competent authorities, the Defendant cut three parts of standing timber standing trees, which were born in the course of building a road by using a excavated season at the time 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. A report on the offender's land, a report on actual status, a report on the area of illegal conversion of a mountainous district, and an assessment report on the amount of forest damage;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, Article 14 (1) of the same Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime, and the selection of respective fines;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant was living without any special prior conviction; (b) the planting of pine trees and completing restoration to the original state; (c) the motive, circumstance, degree of damage; and (d) the living environment of the defendant.

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