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(영문) 전주지방법원 남원지원 2014.11.25 2014고단247
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. Although a person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act obtained permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, the Defendant additionally cut standing timber in excess of the permitted quantity from the said forest in excess of 49.97 cubic meters of trees and 187.74 cubic meters of 237.7 cubic meters of trees, such as 187.74 cubic meters of trees, after obtaining permission from the head of the competent regional forest office or the head of the competent regional forest office.

2. A person who intends to temporarily use a mountainous district for the purpose of transporting forest roads, work roads, forest products, etc. in violation of the Mountainous Districts Management Act shall report to the Minister of the Korea Forest Service on the mountainous district of state forests, and to the head of a Si/Gun/Gu on the mountainous district of a forest which is not a state forest. However, on November 201, 2013, the Defendant opened and temporarily used a forest product transport of a size equivalent to 150 square meters for transporting trees without receiving a report on temporary use from

3. A person who intends to move pine trees produced in an area other than an area prohibited from removal of pine trees from violation of the Special Act on Disease Control of pine wilt shall obtain approval seal for confirmation of production from the Minister of the Korea Forest Service or the head of a Si/Gun/Gu, or obtain a production confirmation mark, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, but the defendant moved to a Gun forest after cutting down the amount equivalent to 1,91 cubic meters of pine trees from the relevant forest on November 2013 without being issued a production confirmation mark.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual condition survey report;

1. Current status and photographs of each damaged forest area;

1. Requesting cooperation from a forest management plan and a notice (C) and an investigative data (forest survey report, etc.);

1. The application of Acts and subordinate statutes governing the designation of an area where the removal of pine trees is prohibited following the occurrence of pine wilt disease;

1. Article 74 (1) 3 and Article 36 of the Creation and Management of Forest Resources Act relating to facts constituting an offense and selective punishment;

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