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(영문) 대구지방법원 상주지원 2016.05.24 2016고정68

산림자원의조성및관리에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Where the defendant intends to cut standing timber that is a person residing in Si and engaged in agriculture by returning to rural communities, he/she shall obtain permission from the head of Si/Gu in accordance with Article 36 (1) of the Creation and Management of Forest Resources Act.

Nevertheless, in February 2016, the Defendant illegally cut the total amount of 195 square meters (12.8251 square meters) by illegally cutting off the damaged area of 3,706 square meters of the damaged area (6.9409 square meters), 15 (0.8717 square meters), 49 (3.7041 square meters), and 39 (1.39 square meters of small trees (1.3084 square meters) into the damaged area without obtaining permission of the door-to-door market with respect to D at the end of February 2016, and caused damage to the property damage of 208,840 square meters of the damaged area and the 2,178,000 square meters of the damaged area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (Inasmuch as the circumstances of the movement are remarkable, such as recognizing the defendant's mistake and completing recovery from damage