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(영문) 춘천지방법원 원주지원 2017.05.11 2017고단2

산림자원의조성및관리에관한법률위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

1. From March 201 to March 2016, the Defendant violated the Creation and Management of Forest Resources Act: C10,365 square meters, D1,847 square meters, E 842 square meters, F 126 square meters, G 137 square meters, H 266 square meters, I 266 square meters, J 1,018 square meters, J 307 square meters, and K 896 square meters, which were growing in mountainous districts, such as 17 square meters, strub-type trees, 54 square meters, 42 square meters, and other active trees, cut down without obtaining permission from the head of a Si/Gun/Gu or the head of a local forest.

2. The Defendant in violation of the Mountainous Districts Management Act committed an act, such as cutting the ground arbitrarily by using the excavating season, etc. without reporting to the head of the forest or the head of the Si/Gun/Gu, for the purpose of opening a work route to manage sublime trees in the Hanju-si, Jeonju-si, D, E, H, and I in total, 2,450 square meters during the said period.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing the actual survey report, location map, actual survey map, actual survey map of the current status, the ledger of forest and land, the calculation details of the amount of damage, estimates, the details of survey on penalties, and the details of survey on penalties, and the application of the official document approving the plan for illegal

1. Relevant Article 74(1)3 and Article 36(1) (including comprehensive) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and the former part of Article 55-2 and the former part of Article 15-2 of the Mountainous Districts Management Act (including comprehensive) and each choice of imprisonment with labor;

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

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

1. The damaged mountainous district with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a lot of time and effort to form its original form. As such, the instant crime, which interferes with the purpose of enacting mountainous district management, etc. to promote the development of forestry and the promotion of various public functions of forests by reasonably preserving mountainous district, and thereby rationally preserving national land, requires strict punishment.

In addition, the defendant has cut standing trees without permission and mountainous districts converted for illegal use.