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(영문) 창원지방법원 진주지원 2018.11.16 2018고정300

산림자원의조성및관리에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Mayor of a Special Self-Governing City, the Special Self-Governing Province, the head of a Si, the head of a Gun, or the head of a local forest office, as prescribed by Ordinance of the Ministry of Agriculture and Forestry, except in exceptional cases prescribed by Presidential Decree.

Nevertheless, on February 27, 2018, from around 09:00 to 16:00 on the same day, the Defendant laid 24 straw trees for the purpose of selling them by using digging machines, etc. in the Gyeongnam-gun, the private forest owned by the clan B from around February 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes to forest register;

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Article 74 (2) 2 of the Act on the Creation and Management of Forest Resources elective of Punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.