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(영문) 대구지방법원 김천지원 2017.04.18 2016고단1929
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber 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 local forest office as prescribed by Ordinance of the Ministry of Information and Communication;

A. In February 2016, the Defendant cut 371 parts of the tree saw, which was not permitted to cut trees in the forest in Kimcheon-si, Kimcheon-si, and cut the trees worth KRW 4,930,000 at the market price without permission.

B. On May 2016, the Defendant cut down trees of KRW 140 and KRW 118,00 in areas where the Defendant did not obtain permission for cutting down in the forests in Kimcheon-si, Kimcheon-si, and D, and cut down trees of KRW 8,190,000 in total by using mechanical saws and 118 and KRW 258 without permission.

2. A person who intends to move pine trees produced in an area other than an area prohibited from removal shall obtain approval seals for confirmation for production from the head of a forest or the head of a Si/Gun/Gu or obtain a production confirmation marks from the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, the Defendant, as described in paragraph 1-b. around May 2016, carried out 140 pine trees illegally cut in the forest in Kimcheon-si C and D without obtaining approval seal for production verification or production verification marks, and sold them in pulp.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on permission for felling standing timber, each actual survey report, and the calculation of the amount of damage;

1. A criminal investigation report (a statement on an excursion ship with a victim), and a criminal investigation report;

1. The application of the relevant statutes to the location map of each damaged area, each damaged area map, and each damaged area photograph;

1. Article 74(1)3 of the relevant Act and Article 74(1)3 of the Creation and Management of Forest Resources Act as to facts constituting an offense, and Article 36(1) of the Act on the Creation and Management of Forest Resources for the Selection of Punishment, Etc. (unauthorized cutting of standing timber, selection of imprisonment), Article 17(3) and Article 10-2(1) of the Special Act on the Prevention of Cirical Diseases from Cirical Diseases (a seal for confirmation of production).

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