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(영문) 수원지방법원 성남지원 2018.09.19 2018고정444

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

From October 2013 to September 2014, the Defendant cut standing timber of class 4 to 7 without permission from the head of the branch office, which is the competent authority, from the time when the name of the church was unexplosed, from the forest located in the area B of the branch office in Sungnam-si, to the time when the Defendant felled of class 4 to 7 standing timber of class 7, such as the class 3 standing timber, without permission, from the forest located in the area in which the name of the church was unexplosed, and from May 2016 to June 2017 to the above forest, the Defendant cut off the above trees from the number of class 7 standing timber, such as the class 3 standing timber, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement of a witness;

1. Investigation report (in relation to the on-site verification), on-site photographs;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanying a land use plan);

1. A prosecutor under Article 74(2)2 of the Act on the Creation and Management of Forest Resources (hereinafter “former Act”) was indicted by applying Article 74(1)3 of the former Creation and Management of Forest Resources Act to a criminal fact. However, the new Act amended by Act No. 14987, Oct. 31, 2017 deleted the above provision, and Article 74(2)2 of the same Act deleted the elements of the same provision, and the statutory punishment is punished by imprisonment with labor for not more than five years or by a fine not exceeding KRW 15 million, or by a fine not exceeding KRW 30 million. This is deemed to be a reflective consideration for ensuring fairness with the penal provision of other similar Acts, and thus, the new Act shall apply at the time of a trial pursuant to Article 1(2) of the Criminal Act.

Article 36(1) and selection of fines (Article 34 of the Criminal Act shall be added to crimes committed from October 2013 to September 2014)

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.