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(영문) 의정부지방법원 2016.06.23 2016고합153

특정범죄가중처벌등에관한법률위반(산림)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber or extract forest products in a forest in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office as prescribed by Ordinance of the Ministry of Food and Agriculture;

Nevertheless, on May 2015, the Defendant cut the forest of 6,500 square meters in size by using a machine saw from 22,500 cubic meters of forest land owned by Gyeonggi-gun, Gyeonggi-do, without obtaining permission for cutting standing trees or permission for mountainous district conversion, and then damaged the forest of 6,500 square meters of size by cutting it out from 559 square meters of forest land that is owned by the Defendant.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, around May 2015, the Defendant cut standing timber in a forest and field as prescribed in paragraph (1) and cut approximately KRW 2,565 square meters without obtaining permission for mountainous district conversion and diverted mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a report on the area of land before illegal mountainous districts, a report on the area of land before illegal mountainous districts, a report on the area of land before illegal mountainous districts, a survey report on land to be cut, a protocol on the register of registered forests, and

1. The submission of an investigation report (illegal felling within the night), data related to the matters investigated, and answers;

1. Application of statutes on site photographs;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber), Article 53 subparagraph 1 of the Mountainous Districts Management Act, and Article 14 (1) of the Mountainous Districts Management Act (unauthorized diversion of mountainous districts and selection of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act [aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, aggravated for concurrent crimes with the punishment prescribed for the relevant crime];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):