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(영문) 창원지방법원 2016.03.18 2015고단2234

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber, mine or gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent local forest office, but the Defendant, without obtaining permission from the head of the competent Si/Gun/Gu or the head of the competent local forest office, cut 13-15 of standing timber, such as cut trees, into electric saws, around January 2014.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the forest according to the classification of the type, size, etc. of the mountainous district prescribed by Presidential Decree, but the Defendant, without obtaining permission from the head of the forest management office, installed steel-frames with equipment, such as digging machines, etc., in a large scale of 707 square meters in the city of Kimhae-si, a mountain village, around June 2014; and he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's land, report on the actual status, pictures, and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (the details of instructions for detection and suspension, measurement of areas damaged by forests and fields, attaching a certified copy of register, and reporting on unauthorized change of form and quality

1. Relevant Article of the Act on the Establishment and Management of Forest Resources and the point of unauthorized felling of the choice of punishment for the crime: Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act (Selection of imprisonment): Subparagraph 1 of Article 53 and Article 14(1) of the Mountainous Districts Management Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is that the defendant newly constructed a factory, cut standing timber on the land B in the course of the extension of the factory without permission, which is the State-owned land, and cut the area of the above land to change the form and quality of the mountainous district by cutting the area of 707 square meters, and the fact that the defendant has been sentenced to a fine for the same crime