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(영문) 대구지방법원 2017.07.19 2017고정1176

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office.

Nevertheless, on February 2, 2016, the Defendant changed the form and quality of a mountainous district of approximately 2,146 square meters of a tree planted in a forest in that forest by using a refrigerator in order to create a cemetery in the Gyeongdong-gun B, Gyeongdong-gun, from February 2, 2016 to April 2, 2016, and 13 of the total sum of 10 and 13 of 13 oak trees planted in the forest in that area without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certified copy of a forestry map, forest register, certificate of land use plan, certificate of all registered matters, each photograph, GPS output, photograph, site, aerial photography, field photograph, document of notification of unauthorized Development, and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;