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(영문) 광주지방법원 순천지원 2017.06.16 2016고단2699
산림자원의조성및관리에관한법률위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The approval of the head of a local government shall be obtained in order for a person, other than the head of a local government, to conduct an act of planting, tending, planting, removing, piling up, etc. of roadside trees;

At around 11:00 on May 13, 2016, the Defendant, as a site manager at B from 11:00 to 11:00, had G take 76 share of roadside trees planted around the local road by a manager at B in the field without approval from the head of the local government for the purpose of arranging trees in the construction section.

Accordingly, the Defendant removed street trees without obtaining approval from the head of the local government.

2. Defendant B, at the date and time, at the place specified in the above paragraph (1) above, the Defendant, who is an employee of the Defendant, committed the Defendant’s act in violation of the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 74(1)2 and 21(1) of the Creation and Management of Forest Resources Act; selection of fines

B. Defendant B: Articles 78, 74(1)2, and 21(1) of the Creation and Management of Forest Resources Act; selection of fines

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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