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(영문) 광주지방법원 순천지원 2014.04.29 2014고정111
산지관리법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its purposes and obtain permission from the Minister of the Korea Forest Service, etc. in accordance with classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and shall not convert a mountainous district without obtaining permission therefor or convert a mountainous district upon obtaining permission therefor by fraudulent or

Nevertheless, on February 21, 2012, the Defendant additionally installed one cemetery in the mountainous district B located in Bosung-gun, Jeonsung-gun, without obtaining permission for conversion of mountainous district from Bosung-gun, and expanded the area of the existing grave base and additionally opened a work route to divert the area of the mountainous district to approximately 70 square meters.

2. A person who intends to excavate or gather any forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall not fell standing timber, etc. without permission from

Nevertheless, the Defendant additionally set up a cemetery at the time and place mentioned in the above Paragraph 1, and cut about 10 g trees without obtaining permission from the head of Bossung Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of fines for criminal facts;

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

1. Articles 70 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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