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(영문) 대전지방법원 홍성지원 2016.02.05 2015고단1068
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Highest 1068]

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 local forest office, as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, from the end of December 2013 to the end of January 2014, the Defendant cut down 2,590 pine trees in the area, including M and N, without obtaining permission from the competent authorities in Boan-si, D, E, F, G, H, I, J, K, and L.

2. A person who intends to move pine trees produced in an area other than an area where the Special Act on the Removal of pine wilt Diseases is prohibited, shall obtain an approval seal for confirmation for production from the competent authority or obtain a production confirmation mark.

Nevertheless, on January 2014, the Defendant: (a) had a equipment business operator move from Q, etc. to a R control plant located in military production without being issued a production confirmation mark from the competent authority, and (b) had Q, etc. move 2,340 trees produced in Bosi-si E, F, G, H, I, K, L, C, D,O, and P to the R control plant located in military production.

[2016 Height 19] A person who intends to move pine trees produced in an area other than a zone where removal is prohibited shall obtain approval seals or obtain production confirmation marks from the competent authorities.

Nevertheless, the Defendant, on December 7, 2015, carried approximately 45 tons of pine trees produced by S in Boan-si around 11:40 on December 7, 2015, without issuing a production confirmation mark from the competent authority, had T, U, and V move them to the R control factory located in the military.

Summary of Evidence

[2015 Highest 1068]

1. Statement by the defendant in court;

1. Each police statement made with respect to M and N;

1. A public announcement of the designation of a field where felling of standing timber is prohibited (limited to a zone for felling timber), a survey report on actual conditions, location and forestry map, the results of the GP survey, the area damaged by the area damaged by the felling of standing timber and the volume of damage, the degree of felling zone, and the area for which felling of standing timber is prohibited (2016 height group 19);

1. Statement by the defendant in court;

1. T, U, and V respectively.

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