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(영문) 대전지방법원 2014.11.05 2014고정1512
산림자원의조성및관리에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 19, 2013, the Defendant obtained permission for felling trees from the head of Geumsan-gun as of November 19, 2013, and fells 65 parts of the trees, which were isolated within 2,000 square meters in the area of another forest (C) located at the right bottom of the permitted forest, while performing the felling work from November 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the felling of illegal standing timber;

1. Application of Acts and subordinate statutes to photographs of de facto survey;

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 Article 74 (1) 3 of the Creation and Management of Forest Resources Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] 15 million won or less (the decision of sentence] is not agreed upon with the victim; the felling of the standing timber without permission is well known that it is another person’s ownership; the circumstances in which the number of the cut standing timber is more favorable: confession and reflect; the Defendant’s age, occupation and environment; the process of the instant crime; the details of the instant crime; and the circumstances after the commission of the crime, etc. are considered, and the sentence was determined as ordered, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act.

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