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(영문) 대전지방법원 홍성지원 2015.02.16 2015고정10
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. From April 17, 2014 to the 18th day of the same month, the Defendant, in violation of the Creation and Management of Forest Resources Act, extracted 18 pine trees worth KRW 8,100,000 in total of market prices without obtaining permission from the competent authorities.

2. Although a person who intends to temporarily use a mountainous district by creating a road for violating the Management of Mountainous Districts Act, he/she reported the temporary use of the mountainous district to the competent authority, the Defendant used 2,081 square meters, which was not reported, as a work, while performing the work of cutting trees, from the Seocho-gun, Chungcheongnam-gun, Chungcheongnam-do, 2014.

3. Although a person wishing to move pine trees in violation of the Special Act on the Prevention of Pest Disease, he/she obtained an approval seal for confirmation of production from the competent authority or issued a production confirmation mark, the Defendant moved 15 out of 18 pine trees, among 18 pine trees, for which no production confirmation mark was issued from Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around April 18, 2014, to Sejong-si Housing Site Development Site, and the remaining three weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, and F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on investigation (report on the F currency of witnesses);

1. Article 74 (1) 3 of the relevant Act and Articles 74 (1) 3, 36 (1) of the Creation and Management of Forest Resources Act regarding facts constituting an offense, and Articles 55 and 15-2 (2) 7 of the Management of Mountainous Districts Act (the fact of temporarily using a report, the fact of a fine), Articles 17 (3) and 10-2 (1) of the Special Act on the Prevention of Fest Disease (the fact of moving of unclaimed pine trees to the production confirmation mark);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the violation of the Creation and Management of Forest Resources with the largest punishment);

1. Articles 70 (1) 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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