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(영문) 부산지방법원 2016.04.20 2016고정844
산림자원의조성및관리에관한법률위반
Text

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

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 in a forest 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, on December 7, 2015, the Defendant cut 3-class 10 standing timber, such as pine trees, in Busan-gu, Busan-gu, and 3-class 10 standing timber without obtaining permission from the competent authority, thereby causing damage equivalent to 256,880 won in value of standing timber.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of written opinions (referring to the price investigation of trees damaged by the attachment, the protocol of standing timber, the investigation and photograph of damage to standing trees, the location map of the area where standing timber is cut without permission, on-site photographs, certificates of registration,

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option 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;

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