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(영문) 대구지방법원 영덕지원 2014.05.01 2014고합3

산림자원의조성및관리에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Criminal facts

1. The crime committed on August 2013;

(a) Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, on August 2013, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, converted the use of heavy equipment to cut Myeon and set up a 153 square meters of a mountainous district into a 153 square meters of a mountainous district in order to mine one tree in the mountainous district located in Ulsan-gun, Ulsan-gun.

(b) A person who intends to fell standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, the defendant, at the above date and place, extracted one part of pine tree with seven meters in number and 65 cm in diameter, without permission from the head of the regional Forest Service.

2. Crimes committed on January 2014;

(a) Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, without obtaining permission from the Minister of the Korea Forest Service, etc. from January 7, 2014 to October 10 of the same month, the Defendant created access roads in a manner such as cutting off and mination of trees from the lower part of the mountainous district using a cutter for the purpose of cutting down trees from five parcels outside the Gyeongjin-gun, Ulsan-gun, and for the purpose of cutting down pine trees, and converted the use of mountainous district of 3,896 square meters

B. On January 10, 2014, the Defendant violated the Creation and Management of Forest Resources Act: (a) installed access roads at the places indicated in the preceding port; (b) installed the access roads in the same manner as the mentioned in the preceding port; and (c) cut off the freight trucked in advance after digging out the 150-year pine tree worth KRW 50,000,000 in the market price owned by the Ulsan-gun, a total of KRW 50,000,000,000, and KRW 20,000,000,000,000, and KRW 31,000,000,000, in the market price of KRW 150,000,000, KRW 32,00,000,000.

Summary of Evidence

1. The defendant's statement on the second day of trial at court corresponding to this.

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