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(영문) 대구지방법원 2016.04.01 2015노21
산림자원의조성및관리에관한법률위반등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had D cut down or cut down pine trees outside, the lower court convicted him of the facts charged in this case. In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

2. Determination

A. 1 Determination as to the assertion of mistake of facts) A person who intends to cut standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office to cut standing timber.

Nevertheless, on May 2013, the Defendant: (a) around Kimcheon-si C, which was not a type of trees permitted to cut down in Kimcheon-si C, and (b) caused D and impervists to cut trees by using a mechanical saw.

(b) A person who intends to move pine trees produced in an area other than the area where removal is prohibited shall obtain an approval seal for confirmation of production from the head of the forest or the head of the Si/Gun/Gu or issue a production confirmation check.

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

2) As to the judgment of the court below, the court below found the defendant guilty of the facts charged in this case on the ground that the defendant, at least implicitly, found DNA to cut down pine trees, by comprehensively taking account of the following facts acknowledged by the evidence and the evidence in its judgment.

1. The Defendant did not conclude that he/she would not cut trees when selling the right to cut standing timber in KRW 13 million to E, and did not show any documents related to permission.

② They did not say that they should not cut pine trees to D who actually cut trees.

(3)

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