beta
(영문) 창원지방법원 진주지원 2016.05.26 2015고합147

특정범죄가중처벌등에관한법률위반(산림)등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year and by a fine of 300,000 won, by imprisonment with labor for one year and six months, and by a fine of 50,000 won.

Reasons

Punishment of the crime

Defendants: (a) around December 2014, in a forest with a size of 12,165 square meters in the name of Defendant B’s wife E located in Ha-dong, Ha-dong, Chungcheongnam-do; (b) in around May 2014, Defendant B obtained permission to cut timbering of 250 parts of the above forest with a view to forest tending from the number of Ha-dong, Ha-dong, Ha-dong, around May 2014; (c) recruited Defendant A to cut all trees who were growing to a large area of the said forest for the purpose of creating an orchard, and then, Defendant A recruited to cut the forest with a total of 940 square meters, including 181 parts of pine trees, which were growing to the said forest and field; and (d) opened a field of 225 square meters of the said forest and field by cutting them to an outside forest with a total of 940 square meters of the said tree, including Ha-dong, and moved them to an outside forest.

As a result, the Defendants conspired to cut 690 standing timber in a forest with a size of 12,165 square meters or more without permission from the competent authority on felling standing timber. They temporarily used approximately 225 square meters of forest land without reporting the temporary use of a mountainous district to the competent authority. Of the standing timber cut, the Defendants moved 181 square meters of forest trees to 181 square meters without obtaining approval seal for production verification or being issued a production confirmation check.

Summary of Evidence

1. Defendants’ respective legal statements

1. Recording notes;

1. A survey report on each actual condition;

1. Each investigation report (to attach a certificate of all matters to be registered on land, and to verify an applicant for permission);

1. The application of Acts and subordinate statutes to the location map, a forest survey report, a timber survey report, a timber entry timber calculation report, a survey report, each field photo, each site report, a registered protocol, a height survey site, a field survey site, a field survey site, a forest register, a forest register, a permit for felling standing timber, a report on the results of a business trip, an application for permission for felling standing timber,

1. The Defendants: Article 9(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act; Article 30 of the Criminal Act (the point of unauthorized felling of standing timber).