산림자원의조성및관리에관한법률위반
The defendant's appeal is dismissed.
1. The defendant, without reporting the grounds for appeal, cut down pine trees with blight damage, and such defendant's act violates Article 36 (4) of the Creation and Management of Forest Resources Act and thus constitutes the grounds for the disposition of fines for negligence pursuant to Article 79 (1) 2 of the same Act, and is not punished by applying Article 74 (1) 3 and Article 36 (1) of the same Act, like the judgment of the court below.
2. The following facts acknowledged by the evidence duly adopted and examined by the court below, i.e., ① according to the on-site photographs of this case (the investigation records No. 19 to No. 21 of the investigation records), it is acknowledged that the defendant cut majority of the pine trees in the neighboring land of the hospital operated by the defendant, and ② the witness D was in the state that the pine trees cut by the defendant in the court of the court below were seriously killed by blight
On the other hand, he made a statement to the effect that he was living in Seoul, and that he first saw that he was in such a state as above, and that D would not be able to determine whether he was suffering from blight and noxious insects, and ③ A witness D was in the court of original instance that the entire pine trees cut by the defendant was not dead and only a dead state.
(4) The Defendant cut down pine trees in order to create a book of care center operated by the Defendant through the written opinion submitted to this court.
In full view of the fact that the defendant has cut down 280 pine trees without obtaining permission from the competent authorities.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.