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(영문) 대구지방법원 김천지원 2015.10.23 2015고정465
산림자원의조성및관리에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is an employee who has been delegated by D, the owner of land in Kimcheon-si, with the permission to fell standing trees and take out products, etc. on the said land, and the Defendant A is an employee who has cut standing trees on the said land under the direction of the Defendant B to fell standing trees on the said land.

1. A person who intends to fell standing timber in a defendant A forest shall obtain permission from the competent authority;

Nevertheless, from April 5, 2015 to December 12, 2015, the Defendant cut standing trees from the land owned by Kimcheon-si, a state adjoining the said land without obtaining permission for cutting standing trees from the land owned by Kimcheon-si (16.81 cubic meters, 3.95 cubic meters, 00 cubic meters).

2. The above Gap, an employee of the defendant B, cut standing timber without obtaining permission from the competent authority in relation to the defendant's business at the same time and place as above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. The application of Acts and subordinate statutes of the report on criminal land, the current status and photographs of forest damage, and the actual survey report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act;

(b) Defendant B: Articles 78, 74(1)3, and 36(1) of the Creation and Management of Forest Resources Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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