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(영문) 대전지방법원 홍성지원 2016.10.13 2016고정98
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 in a forest shall obtain permission from the competent authority.

Nevertheless, on August 2015, on the ground that electric wires, etc. connected to the Defendant’s house are likely to be damaged by standing timber in the said forest and fields, the Defendant cut approximately 22 standing timber in aggregate, such as unclaimed trees in the market price, owned by the victim, etc. using the refratator without obtaining permission from the competent authority, on the ground that the electric wires, etc. connected to the Defendant’s house, might be damaged by standing trees in the said forest and fields (area 663 square meters) owned by the Defendant.

As a result, the defendant damaged the victim's property and cut standing timber without obtaining permission from the competent authorities in the forest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a full certificate of registered matters (including cancellation matters)-land, on-site photographing;

1. Article 366 of the Criminal Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense (a point of cutting standing timber without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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