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(영문) 대전지방법원 논산지원 2015.11.06 2015고단419

산림자원의조성및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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

A person shall not cut standing timber, etc. without permission from the competent authority, and a person shall not cut produce from a forest. On November 2008, the Defendant cut standing timber amounting to KRW 1,125,000 in total amount of damage as stated in the attached crime log table, such as cutting down standing timber amounting to KRW 1,125,00,00 and cutting produce from a forest owned by the victim D in Chungcheongnam-gun-gun, Chungcheongnam-gun, without permission from the competent authority on the ground that it damages night trees, on the ground that it causes damage to night trees, and cutting down standing trees without permission from the competent authority on the ground that it causes damage to night trees.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Written accusation and all the matters to be registered as accompanying thereto, photographs of the felling site, and photographs of each pine tree bottom;

1. Investigation report (Attachment to a forest register) and land register attached thereto prepared by the police;

1. A survey report on actual condition, a location map, on-site photographs, the basis for calculating the amount of forest damage, the current status, the registered record, and the head of each wood survey and camping site;

1. Investigation report (additional attachment to forest register) and land register attached thereto prepared by the police;

1. A real estate lease contract, a report on the actual condition (second installment), a survey site for each item, a confirmation letter, and a current status map;

1. Application of Acts and subordinate statutes to investigation reports prepared by police;

1. Article 73(1) of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), Articles 74(1)3 and 36(1) of the former Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014); Articles 74(1)3 and 36(1) of the Forest Resources Act (amended by Act No. 12415, Mar. 11, 201); Articles 74(1)3 and 36(1) of the Forest Resources Act (amended by the attached Table No. 1 through 7) of each Forest Resources Act (the point of unauthorized cutting of standing timber) of the Forest Resources Act (attached Table 8 through 12)

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