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(영문) 대전지방법원 서산지원 2016.11.11 2016고정195

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and the same shall also apply to any revision

On March 2016, the Defendant cut 34 parts of standing trees, including 25 parts, 25 parts, 12-28 cm in chest-si, Jin-si, and 10-15 meters in Y-si, to organize the environment by breaking down the adjacent forests without permission to cut standing trees in a dust market (1,246 m2), and 9 parts of standing trees (12-28 m3m in chest-si, 10-15m in breast-si) that were born in the field B (14-34m in chest-si, 10-15m in water, and damaged the ground.

Accordingly, the defendant suffered forest damage in order to cover the damage of standing timber equivalent to KRW 459,00 and the restoration cost equivalent to KRW 730,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes publicly announced to publicly announce the expenses incurred in afforestation in the year 2016, such as the actual condition survey report, location map of illegally damaged land, each satellite photograph, actual condition survey map, calculation report of mountainous district recovery expenses, survey report on the quantity of timber to be cut, the standard market price for the year 2016;

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 Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources

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

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