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(영문) 대구지방법원 경주지원 2018.10.18 2017고정47
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to fell standing timber in a forest 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 Agriculture and Forestry.

Nevertheless, the Defendant, without obtaining permission from the competent authority from November 12, 2016, up to November 16, 2016, employed three figures on the area of the mountainous district in the racing-si from November 16, 2016, and cut down 17 trees, such as 7 parts, 3 parts, 3 parts, 5 parts, 5 parts, 1 copy, lar, lar, lar, etc. of pine 17.

Accordingly, the defendant cut standing timber without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, E, F, G, H, and I;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to E, F, I, and H;

1. On-site inspection records of this court;

1. Investigation report (on-site photographs of standing trees);

1. Application of Acts and subordinate statutes to a local re-inspection report, background prior to local re-inspection, details of local re-inspection, and application of local surveys;

1. Article 74(1)3 and Article 36(1) of the Creation and Management of the former Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017); and the selection of fines for criminal facts (including the case)

1. Articles 70 and 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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. Standing timber cut by the accused and the defense counsel may be cut without obtaining permission from the competent authorities for the following reasons:

Standing timber cut by the accused of a business owner which is located within the scope of farmland or a house and is likely to be damaged (limited to the case where the distance to the standing timber does not exceed the distance corresponding to the height of trees from the outer boundary of farmland or a house).

(1) The defendant is a person of distinguished services.

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