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(영문) 수원지방법원 안산지원 2016.11.02 2016고정1141
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 in a forest 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, the Defendant, without obtaining permission to cut standing timber from the Ansan-si market, cut the standing timber at his discretion during the period from December 2, 2015 to January 2, 2016, the Defendant cut the standing timber of 79 cubic meters (23.35 cubic meters on the surface of the felling) in Ansan-si Party B and C’s forest from January 2016.

Summary of Evidence

1. Some of the protocol of interrogation of the police officer against the defendant (including substitute part);

1. Statement made to D by the police;

1. A written accusation;

1. A public official's statement;

1. Application of Acts and subordinate statutes to the forest survey site, camping site, shot trees, and field photographs of forest damaged areas;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant's assertion;

A. Article 47(1)3 of the Enforcement Rule of the Creation and Management of Forest Resources Act provides that a person may fell standing timber within ten cubic meters from a year without permission from the competent authority.

This is limited to one year under the calendar Act.

1. From January 1 to December 31, 198, the term “land” should be interpreted as allowing voluntary felling of 10 cubic meters in cubic meters.

The Defendant felled from two lots of land for two years in a total of 23.35 cubic meters.

In addition, Article 47 (1) 4 of the Enforcement Rule of the above Act provides that the felling of standing timber may be allowed at will even in the case of felling obstacles for the construction of forest roads or fire-fighting vessels, and the felling of this case constitutes the case in this case.

Therefore, the felling of this case is allowed without permission from the competent authorities.

B. The Defendant received a guidance from a public official in charge to voluntarily cut down his timber and believed it and led to the cutting of the instant timber.

The acts of defendants;

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