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(영문) 의정부지방법원 2016.10.06 2015고정2189
산지관리법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around April 2015, while the Defendant was cut down in Macheon-si C Forest and Forest that obtained permission for deforestation, the Defendant suffered forest damage equivalent to KRW 62,250,00 by illegally cutting down 6 parts of night trees (in 0.83 cubic meters in 0.83 cubic meters in c forest) that were born outside the boundary of the permitted land, and causing forest damage equivalent to KRW 62,250 by illegally cutting down 62,250, and in the course of cutting down, the Defendant incurred forest damage equivalent to KRW 2,110,51 in 2,110 in 20,51 in 201 by temporarily using mountainous district without filing a report, by using a white rain on the same 487 square meters in forest land in the same place in the course of cutting down work.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the fifth trial records;

1. Statement to E by the police;

1. The known forest, the degree of timber felling, the current status of illegal land survey results, the field survey report, the standards for calculating recovery expenses of the Korea Forest Service in 2015, the details of the incumbent investigation of illegal timber, the detailed statement for calculating the amount of damage from forest products, the forest land register, and the written confirmation

1. Application of Acts and subordinate statutes on illegal photographs;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (hereinafter referred to as the “Forest Resources Act”), Article 55 subparagraph 2 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act (the fact of temporarily using a report), the selection of fines;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. According to Article 36(6) of the Forest Resources Act, when permission for felling standing timber, etc. is obtained pursuant to paragraph (1) of the same Article, it is deemed that a temporary use report under Article 15-2 of the Mountainous Districts Management Act was made with regard to the installation of transportation routes and work routes necessary for felling standing timber, etc.

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