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(영문) 전주지방법원 2015.08.21 2015고정496

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a day-to-day street store.

On December 6, 2014, the Defendant moved 5gs of street trees in front of the Yansan-gu Seoul Metropolitan City, Seoul, without obtaining approval from the head of a local government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation in violation of the Creation and Management of Forest Resources Act of the head of the Jeonju-si;

1. Article 74 (1) 2 and Article 21 (1) 4 of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 2 and 21 (1) 4 of the Creation and Management of Forest Resources Act;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his mistake while committing the instant crime, the fact that there is no record of criminal punishment against the Defendant, the Defendant deposited KRW 1 million to recover damage, and the Defendant appears to have been restored to a considerable portion of the street width after committing the instant crime, and the Defendant’s age, character and conduct, environment, motive, means, method, and consequence resulting in the instant crime, and the circumstances before and after committing the instant crime, etc., shall be determined as ordered by taking full account of all the factors of sentencing as shown in the instant records and arguments, including the following: