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(영문) 춘천지방법원 2014.06.12 2014고정21
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. A person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant, on October 27, 2012, extracted 30 self-employed trees from the Gangwon-do Human Resources Category B, and 7 self-employed trees from C, respectively, without obtaining permission of extraction from the Human Resources Office, and extracted 95 self-employed trees for which permission of extraction was not obtained in excess of the scope permitted of extraction from D.

As a result, the Defendant extracted 132 self-owned trees worth the market price of KRW 1,980,000 without obtaining permission for extraction.

2. Any person who intends to temporarily use a mountainous district to develop forest roads for a mountainous district which is not a state forest shall file a report thereon with the head of a Si/Gun/Gu;

Nevertheless, on October 27, 2012, the Defendant, without filing a report with the Human Resources Agency, opened a forest road of 517 square meters in the Gangwon-do, Gangwon-do, Gangwon-do, with a view to building a passage to extract and transport self-owned trees as above, and opened a forest road of 175 square meters in C, and opened a forest road of 270 square meters in D.

Accordingly, the Defendant temporarily used a forest road to build a forest road for a total area of 962 square meters in a mountainous district without reporting thereon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, F, G, H, and I;

1. The actual survey report, the current status of illegally damaged land, the business trip name, the accusation report related to the illegal extraction, the counterterrorism of complaints related to the illegal extraction, the investigation report, the contract for the sale and purchase of trees, the investigation report, and the application of Acts and subordinate statutes;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Article 74 (1) 2 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act;

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