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(영문) 대전지방법원 천안지원 2019.04.26 2019고정89
산림자원의조성및관리에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to fell standing timber in a forest shall obtain permission from the Agsan City Mayor.

Nevertheless, on February 2018, the Defendant cut 28 parts of trees outside the instant land ( approximately 8.63mm) of trees outside the instant land without lawful permission due to the engine saw that the forest land owned by B and C will be damaged trees that increased the number of trees in the regrative trees after the plan to planting the regral trees within the instant land after the end of February 2018 without the consent of land ownership, and caused forest damage worth KRW 66,00,00 at the cost of the instant land by cutting down approximately KRW 28 of trees outside the instant land without due permission.

Accordingly, the defendant cut standing timber without lawful permission procedures and violated Article 36(1) of the Creation and Management of Forest Resources Act.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Details of the calculation of the market price of standing timber refund, GPS survey drawings, aerial photography by history, land cadastre, confirmation of land utilization plan, forestry map, and inquiry into mountainous district information;

1. Application of investigation reports ( telephone conversations related to the land of this case) Acts and subordinate statutes;

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources

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

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

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