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(영문) 광주지방법원 2012.12.12 2012고정2434
산림자원의조성및관리에관한법률위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 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 confirmation of production from the Minister of the Korea Forest Service or the head of a Si/Gun/Gu or issue a production confirmation mark

Nevertheless, the Defendant, at around 16:00 on October 12, 201, carried out, without permission, four pine trees, which were planted therein, from Jeonsung-gun, Jeonsung-gun, which was not a prohibited area for removal from the Republic of Korea, without obtaining approval seal for confirmation of production from the head of Sung-Gun or being issued a confirmation mark for confirmation of production.

2. A person who intends to extract forest products in a forest violating the Creation and Management of Forest Resources Act 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,

Nevertheless, at around 10:00 on October 15, 201, the Defendant extracted 40 pine trees planted therein from D, E, and without the permission of the head of Sungsung-gun without the permission of the head of Gun.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. A protocol of suspect examination of G police officers;

1. Each police statement of H, I, J, K, L, and M;

1. Certificates of the production of pine trees;

1. Application of Acts and subordinate statutes concerning field evidence photographs;

1. Article 17 (3) and Article 10-2 (1) (the removal of pine trees without obtaining an approval seal or a production confirmation mark for the confirmation of production) of the Act on the Creation and Management of Forest Resources, Articles 74 (1) 3 and 36 (1) of the Special Act on the Prevention of Filled Diseases, and Selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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