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(영문) 서울서부지방법원 2013.06.13 2012고정1675

산림자원의조성및관리에관한법률위반

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Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Where any person other than the head of a local government intends to conduct an act, such as planting, cultivating, planting, removing, piling up, etc. a roadside tree, he/she shall obtain approval from the head of the local government.

Nevertheless, the Defendants shared without the approval of the head of Seodaemun-gu, from March 27, 2012 to the same year.

3. By the end of 28.28, 65 street trees were arbitrarily removed from Seodaemun-gu Seoul, F and G Group.

Summary of Evidence

1. Statement made by the defendant A in the third protocol of trial (limited to the defendant B);

1. Each legal statement of H and I;

1. Part of the J's legal statement;

1. A written accusation;

1. A letter of approval for the removal of street trees from Seodaemun-gu Office;

1. According to the standard subcontract agreement for construction works [the records of this case, it is reasonable to view that Defendant A, as the president of the KU, entered into a contract with the head of Seodaemun-gu to give a subcontract for the business of the removal, etc. of roadside trees to L Co., Ltd on March 2012, prior to obtaining approval of the removal, etc. of roadside trees (the date of completion of construction) by the head of Seodaemun-gu as the completion of construction; Defendant B, an employee of L Co., Ltd, without confirming whether the competent authority has approved the above subcontract. According to the above facts, according to the above facts, it is reasonable to view that the Defendants were aware that at least the Defendants were engaged in the act of removal, etc. of roadside trees without the approval of the competent authority, and it is reasonable to view that the removal of street trees as stated in the facts charged was conducted jointly due to each of the above Defendants

1. Article 74 (1) 2 and Article 21 (1) of the Creation and Management of Forest Resources Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. The defendant A and his defense counsel's assertion of the defendant A and his defense counsel under Articles 70 and 69 (2) of the Criminal Code for the confinement of the Nowon-gu Office after the approval of the head of Seodaemun-gu as to the removal of the street trees of this case.