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(영문) 인천지방법원 2017.07.06 2017고정402
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to fell standing timber or extract or gather forest products 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 Food and Agriculture.

Nevertheless, from March 2014 to February 2016, the Defendant cut standing timber equivalent to KRW 417,040,040 by having a man-made G, etc. cut down 55g of standing timber trees planted at the same place without obtaining permission from the competent authorities in Incheon-gun, E, and F forest located within the forest owned by C, which is a forest owned by C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and C;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a map on the location of illegal standing timber and field photographer, a field photographer, a camping site for each wood survey, a protocol on the register, domestic source timber price, land register (fence), and a certified copy of the land register;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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