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(영문) 대구지방법원 상주지원 2014.01.14 2013고단383

산림자원의조성및관리에관한법률위반

Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to cut standing timber in a forest shall obtain permission from the competent authority. However, from June 21, 2012 to June 25, 2012, the Defendant cut 339 standing timber (19,513 won, registered 17.72 cubic meters in the mountain) including 218 parts, 5 parts, 10 parts, and 106 parts, etc. of new trees (191,513 won, registered 17.72 cubic meters in the forest) without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the plesy and incumbent status of the disciplinary police officer;

1. Application of Acts and subordinate statutes to cut standing timber;

1. Article 74(1)3 and Article 36(1) of the Creation and Management of the former Forest Resources Act (amended by Act No. 11456, Jun. 1, 2012); the selection of fines for criminal facts;

1. Articles 70 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;