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(영문) 전주지방법원 2015.07.21 2015고정327
산림자원의조성및관리에관한법률위반
Text

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

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

Reasons

Criminal facts

Any person who intends to fell standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office.

Nevertheless, around November 2013, the Defendant cut down 78 malone m2 (1.51m2 on the register of standing timber) of the Triwon tree in Kim Jong-si, Kim Jong-si, without the aforementioned permission.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of special judicial police officer;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources (Amended by Act No. 12415, Mar. 11, 2014) applicable to facts constituting an offense;

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

1. In light of the fact that the number of trees (one T truck 6th quantity) or the growth level (14m high) that the defendant fells on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is considerably large, eight pages or less of the investigation records, etc., the nature of the crime is not easy;

However, the punishment as ordered shall be determined by comprehensively taking into account various circumstances that may be conditions for sentencing, including the fact that the defendant has divided his mistake into depth, and has endeavored to restore pine trees to their original state, such as new planting of pine trees at the above felling site.

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