산림자원의조성및관리에관한법률위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
A person who intends to fell standing timber or extract or gather forest products 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 January 2016, the Defendant cut standing timber of KRW 1,530, such as pine trees of KRW 6,958,400 in the market value of standing timber damage, without obtaining permission from the competent administrative agency in the area B 27,268 square meters in the Do, Chungcheongnam-do, Chungcheongnam-do. (the registered area of KRW 338.5 square meters).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. The actual survey report and the location map of forest damaged areas;
1. Current status and photographs of illegally cut standing timber;
1. Application of Acts and subordinate statutes governing the compilation of registered protocols;
1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the size and quantity of forest damage, and the circumstances leading to the crime, the crime is not good.
On the other hand, the defendant planted some pine tree seedlings in the damaged area at the latest.
, however, that the damage has been restored to a considerable extent by itself.
The punishment as ordered shall be determined in consideration of the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.
It is so decided as per Disposition for the above reasons.