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(영문) 창원지방법원 2020.08.21 2020고정262
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendant's exercise of his/her right to defense, some of the charges were revised without amendment procedures

The forest land B is owned by Co., Ltd. and the defendant is the representative of Co., Ltd.

The Defendant, as a person in charge of the use and management of the forest land B in the Kim Sea-si, did not obtain permission from the competent Kim Sea Mayor or the Minister of the Korea Forest Service, etc., and cut 19 parts of the said forest land and baging 430 square meters among the said forest land from around September 2018 to around September 2019, and installed two containers after opening them as work.

As a result, the Defendant cut standing timber in forests and diverted mountainous districts without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. Location map and on-site photographs;

1. Application of Acts and subordinate statutes to the written accusation (written supplementary statement, relevant Acts and subordinate statutes, and land cadastre);

1. Article 53 Subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act for criminal facts (unauthorized conversion of a mountainous district) and Article 74(2)2 of the Creation and Management of Forest Resources Act “Article 74(1)3” are the penal provisions before the Creation and Management of Forest Resources Act was amended by Act No. 14987, Oct. 31, 2017.

Article 36(1)(Unauthorized Felling of Trees)

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. At the same time, the Defendant, as a farmer, cut down trees, etc. for agriculture and forestry purposes pursuant to Article 47(1)3 of the Enforcement Rule of the Forest Resources Creation and Management Act, as a member of E.

2. Determination

A. According to the relevant statutes, a person who intends to cut standing timber in a forest shall have jurisdiction over the felling of standing timber in accordance with the main sentence of Article 36(1), (4), and (7) of the Creation and Management of Forest Resources Act.

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