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(영문) 대구지방법원김천지원 2020.12.24 2020고정203
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to fell standing timber 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

Nevertheless, the Defendant, without obtaining permission from the competent authority on April 2019, cut 256 standing timber of 1,906,240 won in total with mechanical saws and saws on the 3,200 square meters of land in Kimcheon-si, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on the inspection of the area where the felling of a forest is permitted, the investigation report, the supervision of the felling of a forest, the degree of damaged area, the location map of damaged area, the air carrier of damaged area, the degree of damaged area, the details of the calculation of damaged area, the report on the criminal investigation (verification of whether damaged area is subject to damage), on-site photographs

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment have no record of punishment exceeding the amount of punishment and fine imposed for the same crime, the partial exemption from the duty to restore the place of punishment or the restoration of mountainous district has been partially exempted, and there are other circumstances that may be taken into account the circumstances of the crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all kinds of punishment as shown in the arguments of this case, including the circumstances after the crime, shall

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