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(영문) 대구지방법원 서부지원 2018.11.13 2018고정434

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

Anyone who intends to cut standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, on January 2018, the Defendant cut approximately KRW 152 standing timber, such as upper trees and other trees that were born in the past, without obtaining permission from the competent authorities to cut standing timber in forests and fields located in Seongbuk-gun, Seongbuk-gun, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, a certified copy of forest register, a certified copy of forest land use plan, and the Acts and subordinate statutes confirming land use;

1. The Act on the Creation and Management of Forest Resources under Article 74 (2) 2 of the Act on the Establishment and Management of Forest Resources for Criminal Facts and the elective Punishment was amended by Act No. 14987 on October 31, 2017 (Enforcement on May 1, 2018), and the statutory punishment (Article 74 (2) 2 after the amendment) of the former Act (Article 74 (1) 3 before the amendment) (Article 74 (1) of the former Act) is more than the statutory punishment (Article 74 (2) of the former Act (Article 74 (1) 3 before the amendment or a fine not exceeding 15 million won). As such, the new Act is applied in accordance with Article 1 (2) of the Criminal Act.

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;