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(영문) 대구지방법원 안동지원 2015.06.02 2014고단992
산림자원의조성및관리에관한법률위반
Text

1. Defendants shall be punished by a fine of KRW 2,000,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

A person who intends to cut standing timber in a forest shall obtain permission from the competent authority.

1. Nevertheless, Defendant A, without obtaining permission from the competent authority from September 17, 2014 to around the 18th day of the same month, cut down approximately KRW 119 trees, such as teach trees, from approximately 0.3 hh area of the forest possessed by Andong-si, Andong-si in Andong-si to remove the increased number of fruit trees cultivated by Defendant A.

2. Nevertheless, Defendant B, without obtaining permission from the competent authority from September 17, 2014 to around the 18th day of the same month, cut off approximately KRW 104 of 104 trees, such as cel trees, from the forest area of approximately 0.26 hump owned by Ansan-si, Andong-si in order to remove the increased number of fruit trees around the orchard cultivated by himself.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of E;

1. The actual condition survey report;

1. A location map of damaged area and an observation map of damaged area;

1. Application of investigation reports (report on results of a field investigation for deforestation) Acts and subordinate statutes;

1. The Defendants: Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act; the Defendants’ choice of applicable laws and punishment for criminal facts; and the selection of each fine

2. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

3. Defendants of the provisional payment order: The number of trees the Defendants cut and the expected cost of restoration to the original state on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is reasonable.

However, the Defendants appear to have committed the instant crime in order to prevent the increased number of trees caused by sound trees and the harm caused by wild animals, and all of them are first offenders, and neighbors have submitted a written application that they want to take care of.

In addition, the Defendants’ age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, and other circumstances after the crime were considered in the above circumstances and the sentence like the order was determined.

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