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(영문) 창원지방법원 밀양지원 2017.07.06 2016고정173
산림자원의조성및관리에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A person who intends to cut standing timber or extract or gather forest products within the facts charged shall obtain permission from the head of a Gun or local forest office, as prescribed by Ordinance of the Ministry of Information and Communication;

On November 20, 2015, the Defendant: (a) was a person residing in the D inspection located in Gyeongnam-gun, Gyeongnam-gun, and Y, and (b) went to remove forest fire risk factors (e.g., removal of inflammable substances, such as grass beer and fallen leaves) in E and F on November 20, 2015; (b) the G member, who was not the owner of a forest and 20 other members of H, were not the owner of the forest; and (c) the said G member, despite the absence of the Defendant’s permission, felled of trees located in the work section because of the danger of forest fire, she would cut the trees inside the mountain, such as pine trees equivalent to 125 meters in total9.027 cubic meters.

Accordingly, the defendant instigated G members to cut standing timber without obtaining permission from the head of the Gun or the head of the local forest office.

2. Determination

A. In a criminal trial, the conviction in a criminal trial ought to be based on evidence with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004). (b) In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the facts charged by the prosecutor alone are proven to the extent that there is no reasonable doubt.

It is difficult to see, and there is no other evidence to acknowledge it.

1) H (the head of the G’s team) is a manager of the G’s office (the manager of the G), who works in the office of the Gun, from the I (the manager of the G), prior to the work on the day of the instant case, to remove forest fire risk factors in which the Defendant’s office moves out of a zone designated by the Defendant, and to cut trees.

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