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(영문) 대구지방법원의성지원 2020.09.10 2020고단169
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Those who intend to fell standing timber, extract and gather forest products in a forest shall obtain permission from the competent authorities;

On April 3, 2020, without obtaining permission from the competent authority, the Defendant employed three human beings, such as C, from the Gyeong-gun B of the North Korean War on April 3, 2020, and extracted one pine tree, which is planted therein, by means of planting and spreading soil, such as insertion and glue blue, etc.

2. A person who intends to move pine trees produced in an area other than an area prohibited from removing pine trees in violation of the Special Act on Disease Control and Removal, shall obtain an approval seal for confirmation of production from the competent authority or obtain a production confirmation mark.

The Defendant, without obtaining approval seal and production confirmation mark from the competent authorities for confirmation of production, loaded one of the pine trees extracted as above at the same time, at the same place, and moved to land managed by the Defendant in Gyeongsan-si, Gyeongbuk-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A written statement prepared in C and G;

1. Detection photographs, tree sales contract, photographic site, survey report, location map of damaged area, and place where pine trees are extracted;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 74 (2) 2, Article 36 (1) of the Act on the Creation and Management of Forest Resources subject to elective Punishment and Articles 17 (3) and 10-2 (1) of the Special Act on the Prevention of Cirical Diseases (Unauthorized Removal of Forest Resources) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 75 of the Creation and Management of Confiscated Forest Resources Act;

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, environment, character and conduct, motive, means of crime and its result after the crime is committed.

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