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(영문) 수원지방법원 여주지원 2017.04.13 2017고합15
특정범죄가중처벌등에관한법률위반(산림)등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district;

Nevertheless, from May 20, 2016 to August 18, 2016, the Defendant cut and filled up the ground in Gyeonggi-gu E, F, G, H, I, J, K, L, M, N,O, P (a total of 38,063 square meters of exclusive use area in 12 parcels) and changed the form and quality of mountainous district, thereby converting the use of mountainous district.

(b) A person who intends to cut standing timber in a forest that violates the Act on the Aggravated Punishment, etc. of Specific Crimes shall obtain permission from the competent authority;

Nevertheless, from May 20, 2016 to May 30, 2016, the Defendant cut standing timber of 3,238glus in total, of 745glus, active trees, 2,487glus, and 3,238gs, without obtaining permission from the competent authority, from the Gyeonggi-gu Gyeonggi-gun, which is a forest, in terms of F, I, Q, P, and P (a total of 39,274m2).

2. Defendant B, at the time and place specified in paragraph 1, the Defendant, a representative of the Defendant, diverted the use of mountainous districts to mountainous districts without obtaining permission from the competent authority as described in paragraph 1, and cut standing timber in the forest.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the prosecution against R and S;

1. Survey maps of current status, illegal standing timber survey reports, confirmation documents on land use plan, and all certificates of registration;

1. Flight navigator or on-site photographs;

1. Application of Acts and subordinate statutes to an investigation report (including an application for authorization of a B forest management plan, etc.);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74(1)3, Article 36(1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act, Article 53 Subparag. 1, and the main sentence of Article 14-1 (1) of the Mountainous Districts Management Act (unauthorized mountainous district conversion into unauthorized mountainous district, and choice of imprisonment with labor);

B. Defendant B:

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