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(영문) 전주지방법원 군산지원 2019.03.29 2018고단274
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Jeonju District Court on August 2, 2016, and completed the execution of the sentence in the Jeonju Prison on August 2, 2016.

【Criminal Facts】

1. Anyone who has violated 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;

Nevertheless, from July 27, 2017 to July 28, 2017, the Defendant extracted 115 pine trees without permission from the competent authorities.

2. No person who violates the Special Act on the Prevention of pine wilt Diseases shall move pine trees extracted from an area where pine trees are prohibited from being taken out.

Nevertheless, on the same day as Paragraph 1, the Defendant moved 115 pine trees extracted from C, D, and E, the area where the removal of pine trees is prohibited.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Public announcement of the designation of an area where removal of pine trees is prohibited by the actual condition survey report;

1. Before judgment: Application of Acts and subordinate statutes to criminal and investigation records, inquiry into data, and investigation reports (period of repeated crime);

1. Articles 74(1)3 and 36(1) of the Act on the Creation and Management of Forest Resources (Amended by Act No. 14987, Oct. 31, 2017); Articles 17(1)3 and 10(1)5 (a) of the Special Act on the Prevention of pine wilt Diseases (hereinafter “Special Act”) concerning facts constituting an offense; Articles 74(1)3 and 36(1) of the same Act (amended by Act No. 14987, Oct. 31, 2017); Articles 17(1)3 and 10(1)

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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