beta
(영문) 대전지방법원 홍성지원 2017.01.12 2016고정216

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall cut standing timber or extract or gather forest products within a forest without permission from the head of a Si/Gun/Gu or the head of a local forest office, and shall steals produce from the forest.

Nevertheless, on January 2016, the Defendant: (a) cuted shot trees of KRW 6 million in the market price owned by the victim D using mechanical saws without permission of the number of red-gun in the forest located in Chungcheongnam-gun Hong-gun, Hongsung-gun; (b) cut off shot trees of KRW 6 million in the market price owned by the victim D; and (c) cut them on the Defendant’

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of all matters to be registered (C);

1. Application of Acts and subordinate statutes of each on-site photograph (referred to 5,10) Nos. 5 and 10;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Article 73 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down unauthorized standing timber) concerning the selection of fines, and Article 73 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down produce from forests); the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;