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(영문) 수원지방법원 평택지원 2018.09.13 2018고정41
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Anyone who intends to fell standing timber in a forest shall obtain prior permission from the competent authority.

Nevertheless, on July 20, 2017, the Defendant: (a) cut two pine trees in a nearby field in collusion with D in order to carry out the miscellaneous removal work of dry field cultivated by the Defendant; (b) cutting down two pine trees in that place; and (c) damaged the property owned by the victim E-mail.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Statement of the police statement related to G;

1. To report the articles of incorporation, each investigation report, each investigation result, and the application of statutes; and

1. Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017); Article 30 of the Criminal Act; Articles 366 and 30 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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 provides that the instant pine trees shall be acquitted on the ground that they fall under the case where: (i) the instant pine trees located in farmland does not fall under “forest” under the Creation and Management of Forest Resources Act; and (ii) the felling of the instant pine trees falls under the case where trees that interfere with the construction of forest roads are cut, or where sea trees or other trees that are likely to be damaged are cut with the consent of the forest owner in connection with farmland or housing; and (iii) the felling of the instant pine trees falls under the case where trees are cut, and thus,

However, according to the above evidence, ① the instant pine trees were located in forests and fields, not farmland, and ② the Defendant cut down the instant pine trees for forest roads, not for forest roads, for the Defendant’s access to the dry field without the consent of the forest owner.

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