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(영문) 대구지방법원 김천지원 2020.06.10 2020고정104
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 in a forest shall obtain permission from the competent authorities, as prescribed by statutes.

On December 2019, the Defendant cut down without obtaining permission from the competent authority on the forest land B 4,870 square meters in Kimcheon-si, Kimcheon-si, and without obtaining permission from the competent authority, 156 parts, such as fallen leaves and pine trees, equivalent to 50.16 cubic meters registered, using mechanical saws.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on-site verification and calculation of amount damaged);

1. Location map of damaged area, aerial photography of damaged area, map of damaged area, details of calculation of damaged amount, application of Acts and subordinate statutes on site photographs of damaged area;

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forestry Resources Act applicable to facts constituting an offense and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources Act;

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

1. Although the number of standing timber cut by a defendant without permission for sentencing under Article 334(1) of the Criminal Procedure Act, consideration is given to the fact that the defendant fully recognizes the crime of this case, the restoration after prosecution has been completed, and the defendant has no criminal records.

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