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(영문) 청주지방법원 충주지원 2017.11.01 2017고정114
산림자원의조성및관리에관한법률위반등
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

A person who intends to cut standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, and a person who intends to temporarily use a mountainous district for the purposes of creating forest paths, such as forest roads, work roads, forest product transportation roads, forest trails, mountain trails, or other similar mountain paths, shall report thereon to the head of a Si/Gun/Gu.

Nevertheless, on August 2016, the Defendant, without obtaining permission to cut trees, cut standing trees only within the extent that is likely to interfere with the survey, and cut out trees 247gs in a mountainous district and formed a work by using a boomer with a 622m2m2 in the same mountainous district in order to remove the cut trees.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement made to D or E;

1. A report on the quantity of timber cut;

1. A certified copy of cadastral map;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 74 (1) 3, Article 36 (1) (a) of the Creation and Management of Forest Resources subject to the option of punishment for a crime; Article 55 subparagraph 2, the former part of Article 15-2 (2) of the Mountainous Districts Management Act (the occupation of temporary use of a mountainous district not reported); and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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