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(영문) 대구지방법원 상주지원 2013.05.07 2012고단501

산림자원의조성및관리에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person may, without any justifiable reason, damage or withering standing timber in a forest. Around May 2012, the Defendant damaged or withering the total sum of 838 parts (79.49 cubic meters) of the night tree 123 cubic meters (79.49 cubic meters) in the forest, in the name of Dong C, the Defendant, located in B at the time of residence, and in the manner of cutting off the seed coats of standing timber in the forest for cultivation at two risk, by 576 square meters (46.64 cubic meters), 139 parts (2.94 cubic meters), and 123 parts (9.9 cubic meters) in the forest.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on site photographs of damaged land;

1. Article 74 (1) 5 of the Creation and Management of Forest Resources Act concerning facts constituting a crime;

1. Selection of punishment and fine of five million won;

1. The conversion into 50,000 won per day under Articles 70, 69 (2) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) of the same Act does not exceed the amount of loss of standing timber as 2,812,000 won, and the Defendant restores at his own expense two species of forest of this case, including drinking trees, by planting them, and undergo an inspection on completion of restoration from the competent authority on April 26, 2013; the forest of this case