산림자원의조성및관리에관한법률위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
A person who intends to fell standing timber in a forest shall obtain permission from the competent authority, such as Metropolitan Autonomous City Mayor.
Nevertheless, from December 5, 2018 to August 8, 2018, the Defendant cut standing timber, such as 67 pine trees in Gangnam-si C without obtaining permission from the Gangseo-si market.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Criteria for adjusting the standard market price of other goods, such as the actual situation survey report, location map, aerial photography, records of calculating the amount of damage, registered records, certificates of survey for each class, registered weight chart, registered weight chart, 2018;
1. A certified copy of a forestry map or an integrated perusal of real estate information;
1. Application of Acts and subordinate statutes as a result of investigation;
1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense, and Articles 74 (2) 2 and 36 of the Creation and Management of Forest Resources Act
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 75 (1) and (2) of the Creation and Management of Forest Resources subject to Additional Collection Act (the value of standing timber cut by the defendant): 3,248,000 won (Evidence No. 5 pages);
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The sentence shall be determined as ordered by taking into account the following factors: (a) the owner of the land, who has cut down pine trees without permission, wants the defendant to severely punish the defendant; (b) the number of pine trees he cuted by the defendant is more favorable: The defendant recognized and reflected the crime; (c) the defendant has no record of being punished for the same crime; (d) the defendant has old age, and other various sentencing conditions specified in the records and arguments, including the defendant's age, character and behavior, environment, circumstances after the crime