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(영문) 대전지방법원 2014.04.16 2014고정309

산림자원의조성및관리에관한법률위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

Any person who intends to cut standing timber in a forest shall determine the purpose of use and obtain permission from the Administrator of the Forestry Administration.

Nevertheless, around February 2012, the Defendant cut down a total of 0.06 square meters (two parts) and a total of 0.59 square meters (6 square meters) in 2,298 square meters of live leaves within 0.53 square meters of live leaves within 298 square meters in the state forest B of Sejong Special Self-Governing City, without obtaining permission under the Act on the Creation and Management of Mountainous Resources in accordance with the Act.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to any criminal report prepared by a special judicial police officer and any actual investigation report;

1. Article 74 (1) 3 and Article 36 (1) of the Punishment Rate Concerning the creation and management of relevant Article of facts constituting an offense and of forest resources selected for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has no record of being punished for the same crime, and is against the law, the number of cut trees, the circumstances after the crime, etc. are considered, and the punishment was determined as ordered within the scope of the statutory penalty (a imprisonment for not more than five years or a fine not exceeding 15 million won) which can be sentenced.