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(영문) 부산지방법원 2016.05.19 2016고단584

산림자원의조성및관리에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the end of October 2015 to the end of November 2015, the Defendant cut approximately 8,667 square meters of standing timber, which was growing up to 8,667 square meters of forest located in Busan-gu, Busan-gu, without obtaining permission from the competent authority, and cut out standing timber as electric saws without obtaining permission from the competent authority, and simultaneously diverted the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness's statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each item survey site;

1. Article 74 (1) 3, Article 36 (1) (a) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) concerning facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act (unauthorized diversion of mountainous districts);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The damaged mountainous district with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a lot of time and effort to form its original form. As such, the instant crime, which interferes with the purpose of enacting mountainous district management, etc. to promote the development of forestry and the promotion of various public functions of forests by reasonably preserving mountainous district, and thereby rationally preserving national land, requires strict punishment.

In addition, the issue is not weak because the defendant's fellingd standing timber without permission or illegally diverted mountainous districts are not large, but the case is planted about about 150gs in damaged mountainous districts in the trial process, but the restoration to the original state was restored.

Viewing is a serious situation.

However, as mentioned above, the defendant had his own effort to restore the original state by recognizing the crime of this case, such as planting food, and there is no record of criminal punishment other than once a fine, and the defendant's age, sexual conduct, intelligence, environment, motive for the crime, etc.