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(영문) 청주지방법원 2018.10.26 2018고합167
특정범죄가중처벌등에관한법률위반(산림)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was delegated to cut standing timber by C, etc., the owner of the mountainous district, but the whereabouts of some owners are unknown, making it difficult to obtain consent from all the owners of the mountainous district, making it difficult to obtain permission to cut standing timber from the competent administrative agency, and used to cut standing timber without obtaining permission.

A person who intends to cut standing timber in a forest shall obtain permission from the competent authority as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, from around December 10, 2017 to December 31, 2017, the Defendant employed a 11,063 square meters in total of 11,063 square meters in 11,063 square meters in a 45,025 square meters in a G 45,025 square meters owned by 3 other than D, and from around December 10, 201, the Defendant cut down approximately KRW 6,472,20,00 in a total of 6,000 square meters in a 11,063 square meters in a 87,81 square meters in a forest owned by Ha and 3 other than D, and had the said son cut the 6,072,200 square meters in a 96.06 square meters in a scke and sold it to Y (Y) through K.

Accordingly, the defendant cut standing timber without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the second police suspect examination protocol against the defendant

1. Each police suspect examination protocol against J and A;

1. Statement made by the police against C or L;

1. Application of Acts and subordinate statutes to investigation reports, actual condition survey reports, location map of illegally cut standing timber, cadastral map of the site before illegal mountainous district, photo site, certificate of all registered matters, record of calculating forest damage amount and accompanying materials, investigation reports (Attachment of satellite photographs in 2016 for the mountainous district in this case), investigation reports (specific details of damaged area), investigation reports (Attachment of forest register, etc.);

1. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 74(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017; hereinafter the same) regarding criminal facts.

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