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(영문) 대구지방법원 김천지원 2016.11.22 2016고정461
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Those who intend to excavate standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission to excavate standing timber under the conditions as prescribed by Act;

Nevertheless, around March 2016, the Defendant illegally extracted 25 scams using sckes without the official permission in Kimcheon-si C and D.

2. Some of the written indictment in violation of the Mountainous Districts Management Act shall be corrected as above, because it is obvious that the written indictment is a clerical error in light of the overall purport of indictment or applicable provisions of Acts

The defendant is a person who has obtained permission to excavate standing timber in connected forest land.

Any person who intends to temporarily use a mountainous district shall report thereon to the competent authority.

Nevertheless, around March 2016, the Defendant opened and temporarily used a scke for work without reporting temporary use for the purpose of opening a work to mine up in Kimcheon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Police investigation report (collection of permitted data);

1. Application of Acts and subordinate statutes to a report on criminal place, a report on actual status (the location map of the damaged area, the degree of damaged area, photographs of damaged area, and the calculation details of recovery amount);

1. Article 74 (1) 1, Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Articles 55 subparagraph 2, and 15-2 (2) of the Management of Mountainous Districts Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is that the defendant's extraction of standing timber up to the standing timber in an unpermitted area because the defendant did not explain the boundary to the work executor despite having been permitted to extract the standing timber.

A person who engages in permitted work shall be in accordance with relevant Acts and subordinate statutes.

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