A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] On May 27, 2015, the Defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for a violation of the Creation and Management of Forest Resources Act at the Suwon Friwon, and the said judgment became final and conclusive on April 29, 2016.

[2] A person who intends to cut standing timber in a forest must obtain permission from the competent authority

Nevertheless, on December 19, 2015, the Defendant cut approximately 416 jus and approximately 30 jus of active leaves, without obtaining permission from the head of the Namwon-si (hereinafter “the instant forest”).

Summary of Evidence

1. A statement to the effect that the defendant cut approximately KRW 416 of pine trees and approximately KRW 30 of pine trees at the time and place set forth in this Court;

1. Each legal statement of witness E, F and G;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each police statement made to E, H and I;

1. Acceptance of a report on felling standing timber, authorization for forest planning management, notification of the return of a report on temporary use of mountainous districts, a certified copy of register;

1. Each investigation report (the sequence 17,21,23 of the evidence list);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (reports on the previous convictions and attachment of such judgments);

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 39(1) of the Criminal Act regarding concurrent crimes

1. According to Article 36(5) of the Creation and Management of Forest Resources Act, Article 43 subparag. 9 of the Enforcement Decree of the same Act, and Article 47(1)3 of the Enforcement Rule of the same Act, a forest owner may fell standing timber not exceeding 10 cubic meters per annum to use it for agriculture without permission or reporting.

Accordingly, six persons, including the defendant, who own the forest of this case and standing timber on the ground of this case, are to use the forest of this case for agriculture, such as firesaw for cultivating mountain products in this case.