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(영문) 대구지방법원 2016.04.22 2016고정380
산림자원의조성및관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to fell standing timber or extract or gather forest products 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: (a) around November 6, 2015, after obtaining permission from the competent authorities in Yongcheon-si B and C, the Defendant: (b) caused D to excavate 5 g trees in the area without obtaining permission from the competent authorities; and (c) caused D to do so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual condition, a location map, a location map, an aerial photography, and a photo on the whole site;

1. A certified copy of the forest ledger and forestry map (B);

1. Application of statutes of subparagraph (C) of land register and a certified copy of cadastral map;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;

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 concerning the order of provisional payment;

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