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(영문) 창원지방법원 통영지원 2017.04.21 2016고단2051
산림자원의조성및관리에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to fell standing timber or extract 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 local forest office as prescribed by Ordinance of the Ministry of Agriculture and Forestry;

Nevertheless, on January 2016, the Defendant, without permission from the competent police authority, has to cut the E forest according to the forest management plan with respect to the E forest, but he did not cut 782 main trees (amounting to 6,562,400 won) that were born on the 8,758 square meters below the forest road among the said forest and fields, and cut all of them.

(b) A person who intends to temporarily use a mountainous district for forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, or other similar purposes for the creation of forest paths in violation of the Management of Mountainous Districts Act shall report to the head of the relevant forest for the mountainous district of state forests, and to the head of the competent Si/Gun/Gu for the mountainous district of a forest other than national forests;

Nevertheless, on January 2016, the Defendant, without filing a report on the temporary use of a mountainous district in the early F forest in the early 2016, removed standing timber located in the above F forest by using equipment, such as crums, so that equipment to cut standing timber can be moved, and opened a work road equivalent to 147 square meters in the above F by removing crums.

2. Defendant B

(a) A person who intends to fell standing timber or extract 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 local forest office as prescribed by Ordinance of the Ministry of Agriculture and Forestry;

Nevertheless, the suspect, on February 2016 through March 3, 2016, must cut trees according to the forest management plan with respect to E forest land, when he/she did so without permission from the competent police office, but he/she laid down 394 copies and 262 copies (a total amount of damage 6,95,080 won) on the upper side of the forest road among the above forest land.

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