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(영문) 대구지방법원 김천지원 2014.12.12 2014고정675
산림자원의조성및관리에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber or extract or gather forest products in a forest violating 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 for Food, Agriculture

Nevertheless, on April 8, 2014, the Defendant cut 412 standing timber in total amounting to KRW 2,135,000 in the aggregate of the market price, with electric saws, without obtaining permission from the head of a Si/Gun/Gu or the head of a regional Forest Service, in Kimcheon-si B and C forest land.

2. A person who intends to temporarily use forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or similar mountain paths to develop mountainous districts in violation of the Management of Mountainous Districts Act shall report thereon to the Minister of the Korea Forest Service and the head of a Si/Gun/Gu according to the classification, area, etc. of mountainous districts

Nevertheless, on April 8, 2014, the Defendant, without filing a report with the Minister of the Korea Forest Service, created 495 square meters of land as a work using a cream in Kimcheon-si, Kimcheon-si, by using a cream, and created 141 square meters of land as a work using a c forest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of the actual survey report, the amount of damage and the calculation details of expenses for restoring mountainous districts, and the application of Acts and subordinate statutes concerning the investigation report (re-determination of

1. Relevant Article of facts constituting an offense, and Articles 74(1)3 and 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014); Article 55 Subparag. 2 of the Management of Mountainous Districts Act; and Article 15-2(2) of the former Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014);

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

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