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(영문) 대구지방법원 김천지원 2014.12.10 2014고정359
산림자원의조성및관리에관한법률위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission for cutting standing timber from the head of a Si/Gun/Gu or the head of a regional forest office

Nevertheless, around May 2013, the Defendant: (a) around Kimcheon-si, Kimcheon-si, allowed 201 pine trees 201, which are not species permitted to cut, to cut off by using mechanical saws.

2. A person who intends to move pine trees produced in an area other than an area prohibited from taking out of the area in violation of the Special Act on Disease Control of pine wilt shall obtain an approval seal for the confirmation of production or obtain an approval mark for the confirmation of production from the Minister of the Korea Forest Service

Nevertheless, the Defendant had D carry approximately 50 tons of pine trees out of the trees cut as above at the date and place of Paragraph 1, without obtaining an approval seal for confirmation of production or being issued a production confirmation mark, into the outside of the truck.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Examination protocol of police suspect regarding D;

1. A criminal investigation report, investigation report, and filing of an investigation report;

1. The application of Acts and subordinate statutes to data on permission for deforestation, a survey report on actual condition, and victim areas;

1. Article 74 (1) 3, Article 36 (1) of the Act on the Establishment and Management of Relevant Laws and Forest Resources for the Fact-finding, and Articles 17 (3) and 10-2 (1) of the Special Act on the Prevention of pine wilt Diseases (the occupation of moving pine trees in an area other than an area where removal is prohibited);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The alleged defendant stated that he did not cut pine trees to D.

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