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(영문) 대구지방법원 상주지원 2015.11.17 2015고정102

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of 2.5 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 regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs

Nevertheless, the Defendant, without obtaining permission from the competent authority, cut standing timber of 588 parts such as c or D in early February 2015 (95.71 cubic meters) and damaged 4,850,380 won in the value of mountainous district damage.

Summary of Evidence

1. The defendant's partial statement (the statement that he fells together with the statement on the market);

1. Legal statement of witness E (a statement that permission for felling standing timber is required);

1. Legal statement of witness F (a statement that the accused has cut standing timber before the application for permission for standing timber was made);

1. The actual condition survey report;

1. A copy of the contract (a copy of the contract to cut standing timber in each forest as indicated in the judgment by the defendant, but to remit the down payment of KRW 3 million to the F account on January 15, 2015, and to pay the remainder of KRW 4 million at the same time as the permission to cut standing timber is granted) (The defendant and his defense counsel denied the intention to cut standing timber without permission, while the defendant and his defense counsel do not need to obtain permission to cut standing timber in each forest as indicated in the judgment in the instant forest. However, according to the above evidence, according to the contract, the defendant is aware of the fact that he was required to obtain permission to cut standing timber, and the fact that he cut standing timber without confirming whether the defendant has obtained permission. Thus, it is recognized that the defendant at least did not intend to cut standing timber without permission.)

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the age, character, conduct and environment of the defendant, and the motive and means of committing the crime.