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(영문) 광주지방법원 2013.03.12 2013고정259

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "B".

When a person, other than the head of a local government, intends to raise and rear, transplant, remove, or relocate roadside trees, he/she shall obtain approval from the head of the local government.

Nevertheless, at around 15:00 on November 5, 2012, the Defendant, without obtaining approval from the head of the local government, destroyed well by 2gs of op-up trees in front of the Seo-gu restaurant in Gwangju, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against unauthorized damage of street trees, and application of investigation reports (Attachment of a photograph of street trees) Acts and subordinate statutes;

1. Article 74 (1) 2 and Article 21 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense and the selection of fines;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant, without going through the necessary procedures such as the approval of the head of a local government, has damaged the number of street trees without permission for the personal purpose of allowing the defendant to display the signboards of the restaurant operated by him/her well, but the quality of the crime of the defendant is not weak, but the defendant separates and reflects his/her mistake, and the defendant has no special criminal record other than a fine once, the amount calculated by the Gu office exceeds 271,00 won, and the amount calculated by the damage amount caused by the above damage of street trees exceeds 271,00 won, taking into account all the sentencing conditions such as the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, and family environment, etc., and shall be sentenced to a fine of the same amount as