산지관리법위반등
Defendant shall be punished by a fine of three million won.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
A person who intends to temporarily use a forest road for the purpose of transporting forest roads, work roads, forest products, etc. shall report to the Minister of the Korea Forest Service on mountainous districts of state forests and shall not steals products without permission from forests.
Nevertheless, on September 15, 2019, the Defendant: (a) entered into a plan for the sale of directly-owned forest products in the Chungcheong-gun B forest, the preserved mountainous district; and (b) opened a road by changing the form and quality of forest land of 227 square meters without filing a report on temporary use; and (c) cut down the standing timber of 19 parts without permission during the process.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The actual condition survey report, location map, details of calculation of forest damage amount, application of the Acts and subordinate statutes reporting on investigation;
1. Article 55 subparagraph 2 of the Act on the Establishment and Management of Mountainous Districts and Articles 15-2 (4) of the Management of Mountainous Districts Act, Article 73 (1) of the Creation and Management of Forest Resources Act and selection of fines for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the value of standing timber stolen on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act is KRW 330,000,000; (b) the Defendant paid the said standing timber price to the Management Office of the State Forest, which was changed without permission, on January 28, 2020; and (c) the portion of the unauthorized changed form and quality was completed on April 23, 2020; (d) the restoration to the original state was completed on April 23, 202; (e) the character, character and behavior, and environment of the Defendant’s age, character and behavior, and all