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(영문) 부산지방법원 2017.06.08 2017고정597
산림자원의조성및관리에관한법률위반
Text

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

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

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 2, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a special injury in the support of the Southern District Court of Jeonju, and the said judgment became final and conclusive on August 26, 2016.

A person who intends to fell standing timber or extract or gather forest products 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.

Nevertheless, on May 2013, the Defendant cut standing timber of 155 weeks (30.93m2) such as fallen leaveers, etc. in the forest land B in Jeondo-gun, Jeonnam-do, Seoul, without obtaining permission from the competent authority, and caused forest damage equivalent to KRW 723,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. An on-site investigation report, a location map of damaged areas, a current state of standing timber standing resources without punishing illegal standing timber, a report on calculating the amount of damage caused by standing timber, and photographs (24 pages of investigation records);

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Article 74(1)3 and Article 36(1) of the Creation and Management of the former Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014) relating to facts constituting an offense and Articles 74(1)3 and 36(1) of the same Act (amended by Act No. 12415, Mar. 11, 2014)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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