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(영문) 인천지방법원 부천지원 2016.02.02 2015고정1098
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 person who intends to divert a mountainous district within the jurisdiction of the head of a forest with a size of less than 500,000 square meters shall obtain permission from the head of the Korea Forest Service, and a person who intends to fell standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent local forest office, and in cases of State property, he/she

Nevertheless, on August 6, 2015, the Defendant cut 15 parts of standing timber in the above forest by using a Tracter in a state forest with a size of 73,744 square meters in Kimpo-si, Kimpo-si without permission from the head of the Korea Forest Service, and diverts a large amount of 1,164 square meters into a site after cutting, and arbitrarily used state property without following the procedure prescribed by the State Property Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the results of an official trip attached to the report;

1. The actual survey report, a location map, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 53 Subparag. 1 of the relevant Act and Articles 14(1) (unauthorized mountainous district) of the Management of the Mountainous Districts for the Establishment and Management of Forest Resources Act concerning criminal facts, Articles 74(1)3 and 36(1) (unauthorized felling) of the Creation and Management of Forest Resources Act, Articles 82 and 7(1) of the State Property Act concerning the State-owned Property Act, and selection of fines;

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

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

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

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