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(영문) 대구지방법원 김천지원 2015.03.25 2014고정697
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry for Food, Agriculture

Nevertheless, from January 2014 to March 2014, the Defendant cut down pine trees, which are not species of trees permitted in Kimcheon-si B or C, without obtaining permission from the head of a Si/Gun/Gu or the head of a regional Forest Service, and cut down pine trees, which are equivalent to KRW 1,202,00,000, in an area where the permission of the above B was not obtained, and cut down KRW 182,00,000, in total.

2. A person who intends to move pine trees produced in an area other than an area prohibited from taking out of the area in violation of the Special Act on Disease Control of pine wilt shall obtain approval seals or issuance of production confirmation marks from the Minister of the Korea Forest Service or the head of a Si/Gun/Gu for confirming production, as prescribed by Ordinance of the Ministry

Nevertheless, from January 2014 to March 2014, the Defendant moved 148 pine trees that were cut from Kimcheon-si B and C to the fluories without obtaining an approval seal for confirmation of production or a production confirmation mark.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (victim's monetary statement);

1. Application of Acts and subordinate statutes to the actual survey report, degree of damaged area, photograph of damaged area, and details of calculation of damage amount;

1. Article 74 (1) 3, Article 36 (1) of the Act on the Establishment and Management of Relevant Laws and Forest Resources for the Fact-finding, and Articles 17 (3) and 10-2 (1) of the Special Act on the Prevention of pine wilt Diseases (the occupation of movement of pine trees that are not issued with a production confirmation mark);

1. From among concurrent crimes, a violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act is heavier than punishment;

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