산림자원의조성및관리에관한법률위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 1, 2013, the Defendant had been well aware of the market price of pine trees 5gs in the forest located in Andong-si C or D, which was owned by the Defendant on January 2, 2013, using the electric saw.
As a result, the Defendant cut down trees, which are standing trees in the forest without permission from the competent market.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Each police statement of the E, B, and F;
1. A complaint;
1. Application of Acts and subordinate statutes to photographs at occurrence site;
1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is that although the defendant did not obtain permission from the competent market, he did not know that he did not know that the act was prohibited by law.
In cases where punishment is not imposed in accordance with Article 16 of the Criminal Code, it does not mean a simple case of law, but it means that an act which is generally a crime, but in its special case, it is recognized that it does not constitute a crime as permitted by law, and if there is a justifiable reason, it shall not be punishable.
(see, e.g., Supreme Court Decision 2010Do15260, Oct. 13, 2011). In light of the foregoing legal doctrine, the instant case was not known that the Defendant was a crime against the act as indicated in its holding.
Even if this falls under a simple site of law, and in particular, it is not a case of active perception that it does not constitute a crime as permitted by the law, and there is no justifiable reason.
Furthermore, this shall not apply.