beta
(영문) 대구지방법원 2020.01.16 2019고단4869

산림자원의조성및관리에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Any person who intends to cut standing timber or extract or gather forest products shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional Forest Service, and any person who intends to temporarily use forest paths, such as forest roads, work roads, forest products transportation roads, mountain trails, forest trails, or other similar mountain paths for the purpose of creating such forest paths shall report thereon to the head of the competent Si/Gun

Nevertheless, on February 2019, the Defendant cut a total of 169 square meters of standing trees, including 99 square meters of pine trees (a damaged area, approximately 931 square meters of standing trees, about 11.07 square meters of standing trees), in Yeongdeungpo-si B, and C, a preserved mountainous district, which is a preserved mountainous district, and temporarily used a mountainous district of approximately 728 square meters of length, in order to transport the cut trees without filing a report.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation reports (on-site verification of illegal forest damaged areas) and application of 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 concerning facts constituting a crime; subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are the time of criminal facts and mistakes are divided, and the mountainous district has been restored to its original state, and the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered