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(영문) 대구지방법원 2020.02.13 2019고단4858
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Any person who intends to cut standing timber or extract or gather forest products shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional Forest Service, and any person who intends to temporarily use forest paths, such as forest roads, work roads, forest products transportation roads, mountain trails, forest trails, or other similar mountain paths for the purpose of creating such forest paths shall report thereon to the head of the competent Si/Gun

Nevertheless, around March 2019, the Defendant: (a) cut 21, 21, 412, and total sum of 433 square meters (a damaged area of approximately 14,951 square meters, approximately 74.32 square meters of standing timber) without permission from the competent authority; and (b) opened a work to transport the cut trees without reporting in Youngcheon-si, Si, and B, which is a preserved mountainous district, and temporarily used a mountainous district of approximately 2,514 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. District map;

1. Documents related to the receipt of reports on forest project and temporary use of mountainous districts;

1. Application of Acts and subordinate statutes to a report on investigation (verification of illegally cut-off or construction sites);

1. Relevant Article of facts constituting an offense, Articles 74 (2) 2 and 36 (1) (the point where a person fells down without permission) of the Creation and Management of Forest Resources Act, subparagraph 2 of Article 55 and Article 15-2 (2) 7 (the point where a person temporarily uses a mountainous district without reporting) of the Management of Mountainous Districts Act, and the choice of imprisonment for each sentence;

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

1. The Defendant, even before the reason for sentencing under Article 62(1) of the Criminal Act, has been punished for the same crime, and the crime of this case is deemed to be poor and to have a large degree of criticism.

However, the fact that the defendant's age, character and conduct, family relationship, family environment, and crime are reflected in recognizing the crime and restoring the forest.

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