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(영문) 대전지방법원 홍성지원 2017.11.02 2017고정253
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall cut standing timber or bamboo, gather or gather forest products, damage or withering standing trees, bamboo or forestry products, rear cattle, or otherwise change the form or quality of land specified by Presidential Decree within a forest conservation zone.

Nevertheless, on November 2016, the Defendant cut and suspended the area equivalent to 942 square meters by using a digging hole in the forest located in Chungcheongnam-gun, Chungcheongnam-gun, the forest conservation zone, and changed the form and quality thereof without permission from the competent authority. On May 17, 2017, the Defendant continuously cut and suspended the area equivalent to 445 square meters by using a digging hole at the same place without permission from the competent authority, and changed the form and quality thereof. On the same day, in C, the forest conservation zone, 200 square meters, the Defendant cut and suspended the area of 276 square meters, and changed the form and quality thereof without permission from the competent authority.

Accordingly, the defendant carried out forest products within the forest conservation zone and changed the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Forestry Act concerning facts constituting an offense, and Articles 54 (2) 1 and 9 (1) 2 (the point of gathering forest products within the forest conservation zone) of the Forest Protection Act (the point of gathering forest products within the forest conservation zone), Articles 54 (2) 1 and 59 (1) 4 of the same Act (the point of changing the form and quality of land within the forest conservation zone), and the choice of fines;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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