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(영문) 대구지방법원 경주지원 2017.03.22 2016고정283
소나무재선충병방제특별법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to move pine trees produced in an area other than an area where removal is prohibited shall obtain approval seals or issuance of production confirmation marks from the head of the forest office or the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, on July 11, 2016, the Defendant, without being issued a production confirmation mark from the racing market, cut off 4 parts of trees from the electric saws using electric saws for landscaping, while operating a project to create a fishing village tourism complex around 2008 at the sea of the racing city, which is not a zone for the prohibition of removing pine trees from around 07:00 on July 11, 2016.

Accordingly, the Defendant moved pine trees without obtaining a production confirmation mark from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. On-site investigation report, two copies of land register, a certified copy of the registry, the current status of areas where pine trees are prohibited from being removed, and written confirmation [Defendant and defense counsel asserted to the effect that there was no perception of illegality since they were events on the ground that viewing public officials would be subject to high-level item (g) and thus, they cannot be accepted in light of the witness F’s statement contents and the contents in charge];

Application of Statutes

1. Article 17 (3) and Article 10-2 (1) of the Special Act on the Prevention of Disease from Cirropical Diseases for the crime concerned;

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 for the Provisional Payment Order (In this Chapter, consideration shall be given, such as the fact that it was caused to this case at the request of the NA residents);

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