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(영문) 대구지방법원 2020.09.18 2020고정1133

산림자원의조성및관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority.

On March 17, 2019, the Defendant, without obtaining permission from the competent authority, took approximately 300 kilograms from approximately 203 square meters of forest land B, which is part of the Cheongdo-gun B forest land, at the risk of forest products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to C;

1. Application of the actual situation survey report, the forest damaged area map, the protocol by parcel of forest damaged area, the details of calculation of forest damage amount, the forestry cadastral map, the application of the statutes governing field photographs;

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 Article 74 (2) 2 of the Creation and Management of Forest Resources Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. The execution of a fine shall be suspended in consideration of the following factors: (a) the degree of damage to forest and forest for sentencing under Article 62(1) of the Criminal Act is minor; (b) the elderly who has no record of punishment; (c) the risk of re-offending is almost rare; and (d) the economic situation and health conditions of the accused; and