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(영문) 창원지방법원 거창지원 2020.05.06 2020고정7
산림자원의조성및관리에관한법률위반
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

A person who intends to cut standing timber, etc. in a forest shall obtain permission from the competent authority.

Nevertheless, on November 2017, the Defendant cut standing timber by cutting 57 gs and 3 gs of saw trees with saws without obtaining permission from the competent authorities in Gyeongnam Development-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Articles 74(1)3 and 36(1) of the relevant Act on the Creation and Management of Forest Resources (Amended by Act No. 14987, Oct. 31, 2017) concerning criminal facts

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

1. The punishment as ordered shall be determined by comprehensively taking into account the background of the instant case in which the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage, and other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.

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