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(영문) 청주지방법원 제천지원 2013.11.29 2013고합24
특정범죄가중처벌등에관한법률위반(산림)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, without obtaining permission from the competent administrative authority, cut down the number of saws and fallen leaves from part of C forest land to January 17, 2013 without obtaining permission from the Defendant, using mechanical saws.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the location map, forest land register, copies of forestry map, and full registered matters;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant, without obtaining permission from the competent authority, cut down 84 grans and b22 grans in the aggregate of the originating price of KRW 2,052,00 using mechanical saws within 5,980 square meters among C forest land (hereinafter “instant forest”) when residing in January 16, 2013 through January 17, 2013, without obtaining permission from the Defendant.

2. Determination

(a) A person who intends to cut standing timber or extract or gather forest products within a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

The same shall also apply where he/she intends to revise any important matter prescribed by Presidential Decree among permitted matters.

(5) Notwithstanding paragraph (1), the proviso to paragraph (2), and paragraph (4), felling standing timber, etc. prescribed by Presidential Decree, such as grass-freeing, tree-freeing, felling standing trees for growing young trees, may be performed without obtaining permission or filing a report thereon.

Article 74 (Penal Provisions) (1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won:

3. A person who fells standing timber, etc. without permission from the head of a Si/Gun/Gu or the head of a regional forest office, in violation of Article 36 (1);

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