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(영문) 창원지방법원 진주지원 2012.05.08 2011고정401
산림자원의조성및관리에관한법률위반 등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Creation and Management of Forest Resources Act was permitted to excavate 35 pine trees from October 11, 201 to May 30, 201.

In spite of the fact that anyone changes the permitted quantity among the permitted matters of extraction, he/she obtained the permission from the competent authorities, the Defendant extracted or cut 30 and 1 copy of pine trees from November 12, 2010 in excess of 35 with the permission of extraction without the permission of extraction.

B. On November 12, 2010, the Defendant violated the Rearrangement of Agricultural and Fishing Villages Act, the Defendant destroyed part of the earth’s surface of the reservoir located in agricultural infrastructure (facilities that prevent the collapse of banks by passing the water naturally into a certain water level so that they do not collapse), which is the main structural part of the reservoir facilities, in order to remove pine trees extracted from E reservoir located in Ha-dong, Hadong-dong, Hanam-gun, Hanam-gun, from loaded into cargo vehicles, thereby impeding the original purpose or use of the reservoir.

C. From November 12, 2010 to November 14, 2011, the Defendant: (a) cut the line of ampampers for community broadcasting that is owned by the six joint owners of F Village 6 in order to extract pine trees from F Village C (the purchase cost is equivalent to KRW 1.50,000) from the trees; (b) around that time, he extracted from the trees the reflectors, which are traffic facilities installed on a bend road with approximately 90 meters below the above forest land, and then extracted from a half-scope (the market price is equivalent to KRW 400,000), thereby impairing its utility.

2. Defendant B

A. The Defendant violated the Creation and Management of Forest Resources Act, and at the same time and place as set forth in paragraph 1(a), A, an agent of the Defendant, extracted the trees in excess of the permitted number without obtaining permission for change as set forth in paragraph 1(a).

B. The defendant in violation of the Rearrangement of Agricultural and Fishing Villages Act shall be the defendant at the same time as paragraph 1(b).

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