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(영문) 대구지방법원 안동지원 2014.10.24 2014고단528

산림자원의조성및관리에관한법률위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber, extract and gather forest products within a forest violating 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 Service as prescribed by Ordinance of the Ministry of Agriculture and Forestry, but on December 2, 2012, the Defendant cut one kind of 21 square meters, including active leaves equivalent to 2.12 square meters and 21,400 won of the damaged amount, which he/she raised in the forest, without obtaining permission from the head of the permanent state forest management office, which is the competent authority, at the end of a period of permanent residence B

2. On December 2, 2012, the Defendant violated the State Property Act: (a) installed a vinyl house with a size of 100 square meters in order to use it as a residential facility without obtaining permission from the Korea Forest Service; and (b) installed a breeding house with a size of 140 square meters in order to raise cryp horses around March 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of facts constituting an offense, Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber), Articles 82 and 7 (1) of the State Property Act (a point where administrative property is used or profit-making), and selection of fines (a point where effort for reinstatement is made), and other consideration;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;