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(영문) 전주지방법원 남원지원 2015.09.22 2015고정62
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

Punishment of the crime

Around March 22, 2015, the Defendant: (a) performed the work of excavating pine trees in neighboring C forest and fields by breaking the boundary thereof to install solar power plants in the Namwon-si forest and fields; and (b) re-filled pine trees from the owner of the said forest and fields to be pointed out the boundary intrusion; (c) however, on April 11, 2015, the Defendant incurred damage equivalent to KRW 18,963,00 in total of restoration expenses by cutting or digging down pine trees nine out in the said C forest and fields without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Location map of illegal forest damaged areas, background photographs of illegal forest damaged areas, and current status of survey of illegal forest damaged areas;

1. Application of Acts and subordinate statutes to the calculation of damages;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the defendant's provisional payment order reaches approximately KRW 189.60,000 for the defendant's crime of this case, and the defendant's past record of punishment for the same kind of crime is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, the trees that the defendant cut or extracted are only nine weeks, the fact that the defendant is in an economically difficult situation, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order, considering all other factors of sentencing specified in the arguments in this case.

It is so decided as per Disposition for the above reasons.

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