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(영문) 창원지방법원 거창지원 2010.11.03 2010고정103

산림자원의조성및관리에관한법률위반

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[2010 fixed term 103, 2010 high term 167]

1. The Defendants’ co-principal E sold pine trees in the Gyeongcheon-gun F without the permission of the competent authorities to excavate the trees to Defendant A, and the Defendant A conspired to sell them again to Defendant B and to extract them.

Defendant

B Without obtaining permission from the competent authorities on September 2009, from Gohapcheon-gun F, Kim Jong-gun, Inc., and from around the end of September 2009, the 9gs of pine trees located therein among the Defendant’s observation.

As a result, the Defendants and E conspiredd to cut standing trees without permission.

2. Defendant B

A. The Defendant did not obtain permission from the competent authority for the diversion of a mountainous district, and from May 2009 to July 20 of the same year, extracted pine trees from Gyeongcheon-gun G, Chungcheongnam-do, and opened an access road using a cutter, thereby damaging the forest of a size of 570 square meters and converting the mountainous district into a mountainous district.

B. Around September 2009, the Defendant, without obtaining permission from the competent authority, extracted pine trees, as described in paragraph (1), from Gohap-gun F, Chungcheongnam-gun, Gyeongcheon-gun, and opened access roads by means of cutting off cirr and cutting down forests, thereby damaging forests of a size equivalent to 422 square meters in a way that minimizes forests.

[2010 Highest 196] Defendant B extracted 40 pine trees from Gyeongcheon-gun I on August 24, 2009, Defendant B, a neighboring area that did not obtain permission from the boundary of Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, without permission from the competent authority, extracted forest products from 8 pine trees from Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the adjacent area that did not get permission from her boundary. < Amended by Presidential Decree No. 21348, Sep. 2009>

Summary of Evidence

【Defendant A’s Facts No. 1 of the Decision 2010 Man-Ma167】

1. Each legal statement of the defendant A and B

1. Legal statement of witness E;

1. Examination protocol of the defendant A by the prosecution (including the part of the defendant B by the defendant);

1. Each police officer's statement about K, L, M, and N;

1. The actual condition survey report;

1. Each contract (100 pages, 126 pages), 1.2