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(영문) 대전지방법원 서산지원 2017.08.24 2017고단417

산림자원의조성및관리에관한법률위반

Text

[Defendant A]

1. The sentence against the accused shall be 5,000,000 won;

2. The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber and extract forest products in Defendant A forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office as prescribed by Ordinance of the Ministry of Agriculture and Forestry, but, on September 2015, the Defendant, without obtaining permission to extract forest products from the Jin-si mayor, Jin-si Forest (1,194 square meters) and D forest land (8,516 square meters in total), extracted pine trees from 121 mar (20cm in average place of origin), etc. as landscape trees.

2. Defendant B is a person who had been working as a person responsible for civil engineering works at the same construction site by G, who was awarded a contract for multi-family house construction from F, the land owner of the E at the time of Jin-si.

A person who intends to collect earth or stone in mountainous districts in a forest other than a state forest shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, but the defendant collected earth or stone using a 5,586 square meters of earth or stone on land D (8,516 square meters of land) in order to fill it on the E land in the Jin-si working site without obtaining permission for gathering earth or stone from the Jin-si market around November 2015.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and G;

1. A practical survey report, a location map of illegal mountainous district, airline dust, etc.;

1. Application of statutes, such as a land register, an order to recover land before illegal mountainous districts, and thorough measures to prevent disasters;

1. Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act; Defendant A who selects a fine: Article 53 subparag. 3 and Article 25(1) of the Mountainous Districts Management Act; Articles 53 subparag. 3 and 25(1) of the Mountainous Districts Management Act; the choice of imprisonment;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (see, e.g., restitution to the original state and the same kind of power);

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