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(영문) 춘천지방법원 강릉지원 2015.06.05 2015고단235

위조공기호행사등

Text

A defendant shall be punished by imprisonment for one year.

However, 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. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant, without obtaining the above permission from November 8, 2014 to April 14 of the same month, extracted 28 pine trees located in C, 2 pine trees located in D, 2 pine trees located in E, and 1 pine trees located in E, respectively, and cut off without permission from November 8, 2014 to 21 pine trees located in B in the course of extraction.

2. A person who intends to temporarily use a mountainous district for purposes, such as forest roads, work roads, transportation routes of forest products, etc. shall report mountainous district of state forests to the Minister of the Korea Forest Service and to the head of Si/Gun/Gu for mountainous district

Nevertheless, the Defendant, without filing the foregoing report from November 8, 2014 to April 14 of the same month, temporarily used 430 square meters (172 meters in length, 2.5 meters in width) within B in Sam-do for the purpose of opening a work route, transport route, etc. in the course of excavating pine trees, such as the foregoing paragraph (1).

3. In order to remove pine trees extracted without permission from November 8, 2014 to April 14 of the same month, the Defendant indicated in paragraph (1) of the same Article, using a seal of approval to verify production possessed by the Defendant by an influence method at that time, affixed a seal on 23 copies of pine trees indicated in paragraph (1) of the same Article, and presented as if the Defendant was genuinely formed from the 16th day of the same month, the Defendant used a seal of approval to verify production possessed by the Defendant by an influence method.

Accordingly, the defendant exercised the defense of the forged scam viewing.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of H 1.

참조조문