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(영문) 인천지방법원 2019.07.11 2019고정296

산림자원의조성및관리에관한법률위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged shall not cut standing timber in a forest without permission of the competent authority;

Nevertheless, on March 23, 2016, the Defendant cut 10 g trees, which are standing trees in Incheon Strengthening C Forest Co., Ltd. without obtaining permission from the competent authorities.

2. According to the result of the appraisal by the Korea Land Information Corporation, it is recognized that the 10g class of the 10g class trees that the defendant cut on or around March 23, 2016 was in the adjoining B, not Incheon Reinforcement C, and there is no evidence to prove that the defendant cut standing timber in the forest only with the evidence submitted by the prosecutor.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of facts constituting a crime, it shall be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, but it shall be decided as per Disposition with the intention not to disclose the summary of the judgment pursuant to the proviso of