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(영문) 제주지방법원 2016.11.02 2016고정442
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person shall obtain permission from the competent authority to cut standing timber at a place where the standing timber is collectively growing.

The Defendant cut standing timber without obtaining permission from the competent authority, from April 20, 2016 to December 00, 21, 2016, by having two races cut down trees in the area of 2,978 square meters in the area of 6,612 square meters in Jeju-si from April 20, 2016, where 6,612 square meters in the area of 3,978 square meters in the area of Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on criminal intelligence, a report on investigation (verification of the scene of forest damage), and on-site photographs;

1. A certified copy of a report on investigation, land cadastre, and cadastral map;

1. The actual survey report, on-site photographs, and the next and four-round global satellite photographs;

1. Report on investigation (verification of counseling officials for felling forest trees);

1. Application of the Acts and subordinate statutes to the investigation report (specific description of damaged area), the forest damaged area map, and the calculation sheet of damaged amount;

1. Relevant Article 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime: Selection of a fine;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: ① a severe punishment is required for the act of cutting down without permission for the sake of preserving the environment of Jeju Special Self-Governing Province; ② the location and size of the land in this case; the time when the ownership of the defendant was acquired ( August 8, 2014); and the size and size of the deforestation and the land price increase.

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