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(영문) 대구지방법원 2015.07.01 2015고정1028
산림자원의조성및관리에관한법률위반등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant cut one part of pine trees for at least 20 years using the excavated machine without obtaining permission from the head of Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, which is an area where the removal of pine trees is prohibited, and moved to the Busan Agricultural Cooperative Distribution Center located in the same Do-gun.

Accordingly, the Defendant extracted pine trees without obtaining permission from the head of Cheongdo Gun, and moved pine trees extracted as above in a zone where removal is prohibited.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Public announcement of the designation of zones where pine trees are prohibited from being shipped out;

1. A written investigation of damaged standing timber;

1. Forestry map and forestry cadastral book;

1. Application of Acts and subordinate statutes on photographed land;

1. Article 74(1)3 of the relevant Act and Articles 36(1) of the Creation and Management of Forest Resources subject to elective Punishment Act (Unauthorizedly Permission to excavate pine trees, Selection of Fines), Articles 17(1) and 10(1)5 of the former Special Act on the Prevention of Disease of Pine Trees (Amended by Act No. 13358, Jun. 22, 2015) (amended by Act No. 13358, Jun. 22, 2015) concerning criminal facts;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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