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(영문) 서울중앙지방법원 2016.02.15 2015고정3967
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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 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 December 25, 2014, the Defendant: (a) around December 25, 2014, on the land located in Jongno-gu Seoul, Jongno-gu; (b) however, trees were collectively planted on the land adjacent to the relevant parcel, such as land connected to the national park in North Korea; and (c) thus, in order to cut standing timber, the total area of which is at least 5,000 square meters, and was subject to permission from the competent authority. However, even though the Defendant mobilized the parts without such permission and cut down total sum of 26 glus, such as three glue trees, standing trees, standing trees, 19glue trees, and gluekho trees, which were planted therein.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation by the head of the Gu;

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 Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Selection of 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 concerning the order of provisional payment;

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