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(영문) 광주지방법원 2014.11.25 2014고단3131
산림자원의조성및관리에관한법률위반등
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber, extract or gather forest products within a forest shall obtain permission from the competent authority;

Defendant

B on March 2014, 2014, Defendant B extracted pine trees from state forest land located in Young-gun F, Youngnam-gun, and sold them to A. Defendant B, without obtaining permission from the competent authority, planned to excavate pine trees to be extracted from Defendant A. Defendant A prepared to excavate pine trees by preparing softs and trucks with human fathers.

Accordingly, around March 5, 2014, Defendant A extracted one pine tree from the above forest by cutting out one tree from the excavated season, etc., and moved it to his own pine farm located in the frontwest, and extracted one pine tree from the above forest by the same method on March 6, 2014, and stored in the truck to remove the same, but failed to be discovered and taken out to the enforcement officers.

2. Although a person who intends to divert a mountainous district intends to obtain permission from the competent authority to set its use and obtain permission from the Defendant, the Defendant, without obtaining permission from the competent authority, installed a 543 square meters on the forest located in the Mine-gunF in the Jeonnam-gun without obtaining permission from the competent authority to extract pine trees as prescribed in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning the suspect examination of the defendant B;

1. Protocol of the police statement concerning G;

1. Summary of reported results from on-site surveys of illegal pine trees in the forest and summary of evidence;

1. Article applicable to criminal facts;

A. Defendants: Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act; Article 30 of the Criminal Act; the choice of imprisonment

B. Defendant A: Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act; the choice of imprisonment

1. The former part of Article 37 of the Criminal Code, among concurrent crimes (Defendant A).

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