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(영문) 창원지방법원 진주지원 2016.02.04 2015고정581
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 6, 2015, the Defendant cut down four main trees, such as twit trees, which were growing up in a forest zone located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, for the purpose of opening, cut down trees without permission from the competent administrative agency, and temporarily used a mountainous district of which total area is 656 square meters, without filing a report on temporary use of a mountainous district with the competent administrative agency.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a survey report on each item, and a certificate of fact;

1. Article 74 (1) 3, Article 36 (1) (a) (unauthorized felling of standing timber) of the Act on the Creation and Management of Forest Resources for a crime; Article 55 subparagraph 2 of the Mountainous Districts Management Act; the former part of Article 15-2 (2) of the Mountainous Districts Management Act (the temporary use of a mountainous district not reported);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (including the fact that the defendant is against his/her will and the restoration to his/her original state has been completed after committing the crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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