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(영문) 대전지방법원 홍성지원 2017.11.02 2017고정257
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who fells standing timber without permission shall fell standing timber, etc. in a forest without permission from the head of a Si/Gun/Gu or the head of a local forest by fraud or other improper means;

Nevertheless, the Defendant cut down 4 gs of pine trees using mechanical saws without obtaining permission from the competent authorities in the forests in Chungcheongnam-gun B and C, and without obtaining consent from the said forest owners.

2. The Defendant: (a) committed a theft of forest products by having the FF as a work manager a total of KRW 618,50,00 total of KRW 618,50 trees owned by the victim D and E, who felled at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Establishment and Management of Forest Resources and Articles 74(1)3 and 36(1) (unauthorized felling of standing timber) concerning facts constituting an offense, Article 73(1) of the Creation and Management of Forest Resources Act (the occupation of theft of mountain products) and the selection of fines;

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

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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