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(영문) 수원지방법원 여주지원 2018.07.18 2018고단506

산림자원의조성및관리에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to cut standing timber in a forest shall obtain permission from the Mayor of a Special Self-Governing City, the Special Self-Governing Province branch, the head of a Si/Gun/Gu, or the head of a local forest office. However, the Defendant cut standing timber out of 11,910 square meters out of 38,479 square meters of B forest land and field in Gyeonggi-si, without obtaining permission from the competent administrative agency from December 1, 201 to December 13, 2017, by using a method such as cutting down approximately 1,250 square meters of standing timber, such as dives, fallen leaves, etc., which are planted on a 38,479 square meters of forest and field, as a mechanical saw.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Results of illegal surveys;

1. A letter of business trip, etc.;

1. Application of the forest ledger, certified copy of forestry map, and land use planning confirmation Acts and subordinate statutes;

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense, and Articles 74 (2) 2 and 36 of the Creation and Management of Forest Resources Selection of Punishment, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant committed the instant crime by failing to properly notify the employees of the area where the license was granted by failing to visit the scene of the punishment, and ordering them to engage in voluntary logging work.

Although the size and size of the deforestation are reasonable, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age, occupation, environment, details of the crime and circumstances after the crime, etc., and the fact that the defendant has no same criminal record and has no record of criminal punishment since 2005.