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(영문) 수원지방법원여주지원 2020.09.08 2020고정98
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 29, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. and a violation of the Act on the Control of Narcotics, etc. (math) at the Chuncheon District Court on May 29, 202, and such judgment became final and conclusive on June

Anyone who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional forest office.

Nevertheless, on September 15, 2019, the defendant collected the total sum of 803 km tree rooms from Yangyang-gun B, a state forest, from the Yangyang-gun, a total of 803 km.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning criminal reports, actual investigation reports, records of seizure and list of seizure, and photographs-related criminal records investigation reports;

1. Article 74 (2) 2 and Article 36 of the Creation and Management of Forest Resources Act concerning facts constituting a crime, the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

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

1. As to the assertion of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant sought permission from D, the owner of Hongcheon-gun, Hongcheon-gun, the neighboring state-owned land, and sought a standard in C by employing Chinese workers. The Defendant asserts to the effect that the Defendant did not have any intention to collect the standard in the above state-owned land, considering that the above state-owned land adjacent to C was also a state-owned land adjacent to C, and that the Chinese workers collected it by mistake.

According to the records, since C and the above state forest are far away from 1.5km in straight line, it is difficult to believe that the land located within this distance is not adjacent land, and that it was caused by mistake that it was collected from the land located far away.

The reason for the sentencing itself is recognized, and all criminal facts are final and conclusive.

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