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(영문) 춘천지방법원 2018.09.14 2018고합68
특정범죄가중처벌등에관한법률위반(산림)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) has obtained permission from the competent authority, but the Defendant, from around November 10, 2017 to around November 17, 2017, cutting down 135 pine trees from the forest located within 22,191 square meters in a total forest located within 22,191 square meters without obtaining the permission of the number of population in the 12,247 square meters of the Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, with the permission of the competent authority, and damaged the forest by cutting down 4,524 standing trees, such as pine trees, standard tree, fallen leaves, etc.

2. A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the competent administrative agency. However, from around November 10, 2017 to around November 17, 2017, the Defendant diverted a mountainous district of 22,191 square meters in total without obtaining permission from the head of the competent administrative agency for cutting and embankinging the mountainous district by using a cuter with a cuter without obtaining permission from the number of human beings in the part of 12,397 square meters out of 12,248 square meters of Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, and the Defendant diverted the mountainous district of 22,

3. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority, but the Defendant changed the form and quality of the land by using a refratator using a refratator in the part of 12,248 square meters of Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, 12,397 square meters from November 10, 2017 to November 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes to each investigation report (including attached data);

1. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74(2)2, and Article 36(1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber), Article 53 Subparag. 1 of the Mountainous Districts Management Act, and Article 14(1) main sentence of the Mountainous Districts Management Act (unauthorized diversion of mountainous districts) as to the crime, and national land planning.

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