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(영문) 대전지방법원 홍성지원 2016.01.15 2015고단1032

산림자원의조성및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although a person who intends to cut standing timber or extract and gather forest products in a forest has obtained permission from the head of a Si/Gun/Gu or the head of a local forest, the defendant, in collusion with D, from the end of December 201 to the beginning of January 2012, the defendant, in collusion with the head of the Si/Gun/Gu or the head of the local forest office, had approximately 70 of pine trees planted in the forest and fields, namely, F, G, H, etc., undergo excavation using a digging machine without permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime (or selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1114, Jan. 1, 201