Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Food and Agriculture.
On April 5, 2015, the Defendant damaged the forest by removing pine trees, miscellaneous trees, etc. planted in the vicinity of a grave set forth in the 4th, 5th, which were installed in the Naman-gun G on April 5, 2015, without obtaining permission from the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of laws and regulations on police statements made to I, H, J, and K
1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense and the selection of punishment;
1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is confined to a workhouse;
1. A person who intends to establish and manage a family cemetery or a clan cemetery shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare;
On April 5, 2015, the Defendant, without obtaining permission, managed graveyardss, such as conducting a funeral work for the 4th and the 5th ancestor worships located in the I forest located in the Naman-gun G in the Naman-gun, Naman-gun.
2. The complainant stated in the investigative agency that “the defendant did not have a tomb for the ancestor management of the defendant, and the defendant newly installed a grave on the land of this case.”
However, according to evidence, two graves managed by the defendant on the land of this case exist, and it is recognized that the defendant had H re-established a breath of a dead body and arranged a grave base.
B. As to whether a defendant's act constitutes an act that requires permission from the competent Mayor, etc. ( specifically, whether the defendant's act has modified the area of a grave, as alleged by the public prosecutor).
Defendant
Before commencement of the construction work.