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(영문) 대전지방법원 서산지원 2018.02.09 2017고단1067
산림자원의조성및관리에관한법률위반
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

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of the Gu or the head of the local forest office of the Special Self-Governing City, a Special Self-Governing Province, a Mayor/Gun/Gu, or the head of the local forest office, as prescribed by Ordinance

Nevertheless, on March 2017, the Defendant cut 10 parts of night trees, etc., including 1,566 meters in total, in addition to the 151m square meters of forest land B in Jin-si, Jin-si, Jin-si, and the total area of six parcels of forest land, which is equivalent to 1,566m square meters.

Accordingly, the defendant cut standing timber in a forest without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of a survey report on actual conditions, photographs of illegally cut standing timber land, measurement map of the current status of illegally cut standing timber land, calculation report of mountainous district recovery expenses, land register, confirmation document of land use plan, and Acts and subordinate statutes;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Selection of Punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 75 (2) and (1) of the Creation and Management of Forest Resources for Additional Collection Act;

1. The punishment as ordered shall be determined by taking into account all the conditions of sentencing, including the Defendant’s age, sexual conduct, environment, and background leading to the crime, etc., in light of the fact that the number of standing timber with the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not exceed the amount of damage and the amount of damage to them, and that the former has no record of criminal conviction or punishment exceeding the same kind of criminal record or fine;

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