beta
(영문) 창원지방법원 진주지원 2015.11.04 2015고정384

산림자원의조성및관리에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 1, 2015 to January 2015, 2015, the Defendant: (a) cut the 70 pieces of pine trees and active leaves (standing timber timber volume: 2.22 cubic meters) without permission from the competent authority for the purpose of growing with a string and growing with a 1,100 square meters of land area in land and a 1,00 square meters of forest land outside the South Sea, the Defendant suffered forest damage equivalent to KRW 175,00,000 and KRW 1,006,000 of forest damaged land, without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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 relating to facts constituting a crime and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects his/her criminal act; (b) the volume and value of the standing timber that the Defendant felled without permission is not large; (c) appears to have not committed the instant crime for direct economic benefits; (d) the Defendant’s restoration from forest damage and received a notice of completion of recovery from the Southern Navy on October 15, 2015; (c) the Defendant did not have the same criminal power as the Defendant did, and there was no penalty power other than a fine; and (d) the Defendant is a person