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(영문) 창원지방법원 2010.12.23 2010노2532
산림자원의조성및관리에관한법률위반 등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In light of the facts stated in the judgment of the court below, although the defendant of Paragraph (1) of the crime of mistake of facts and misapprehension of the legal principles were extracted from 9gs located in Gohap-gun F around the end of September 2009, the defendant's act of extracting pine trees again was not completed, and the defendant's act of extracting pine trees did not reach the total number, and there was no provision of punishment for attempted crimes under Article 74 of the Creation and Management of Forest Resources Act (hereinafter "Forest Resources Act"), this part of the facts charged is not deemed to fall under the element of the crime, and the defendant's act of extracting pine trees without knowing the fact that permission was revoked by the competent authorities for extracting pine trees and did not know the fact that it was unauthorized, the court below found the defendant guilty of this part of the facts charged on the premise that the defendant was aware of the fact without permission.

(2) Article 2 (2) (A) of the facts constituting an offense in the judgment below.

In light of the provisions of Article 36 of the Forest Resources Act and Article 15 of the Management of Mountainous Districts Act, if the above extraction permission was granted, the Defendant shall be deemed to have reported on the installation of roads and work necessary for felling standing timber, etc., and therefore, the lower court convicted him of this part of the facts charged on the premise that the permission to divert a mountainous district is required for the establishment of a road, etc. on the premise that the lower court erred by misapprehending the legal doctrine.

(b).

The Defendant, as stated in the foregoing paragraph (a), has obtained permission from the competent authority for the extraction of pine trees of the same kind adjacent to Gyeongcheon-gun F, Gyeongnam-gun, and chinese into a forest equal to a total of 422m2m2m2 in the same Ri F in order to install a road for the extraction permitted. As such, the lower judgment convicting the Defendant of this part of the facts charged is erroneous in the misapprehension of legal doctrine.

(c).

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