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(영문) 의정부지방법원 2014.09.25 2014고합117
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes shall lumber standing timber or extract or gather forest products within the forest without permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, the Defendant: (a) cut the part of 732 square meters standing timber of 14,298 square meters (standing timber planting 65.48 cubic meters) located in Gyeonggi-gun, Gyeonggi-do, and damaged a forest of 10,729 square meters and damaged a forest of 720,280 square meters (standing timber planting 65.48 cubic meters) by cutting down the part of 732 square meters, which was born in the forest of 14,298 square meters located in Gyeonggi-gun, Gyeonggi-do; and (b) caused damage to a forest of 720,2

Accordingly, the Defendant destroyed a forest with a size of at least 5,00 square meters by cutting standing timber in a forest without permission from the head of a Si/Gun/Gu or the head of a regional forest office.

2. No person who violates the Management of Mountainous Districts Act shall convert a mountainous district without permission therefor from the Minister of the Korea Forest Service;

Nevertheless, on February 2014, the Defendant created a field of stairs, the width of which is 2.5 meters, length of which is 446 meters, size of which is 1,115 square meters, using equipment, such as digging machines, etc., and changed the form and quality of the mountainous district by constructing one container with a container of a size of 18 square meters and one warehouse of a size of 12 square meters, which is equivalent to 18 square meters.

Accordingly, the Defendant converted a mountainous district without permission from the Minister of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the area of illegal felling of standing timber, the assessment report of the amount of forest damage, the price report of forest products damaged, the incumbent report, land cadastre, and forestry map;

1. Satellite photographs, on-site photographs, and saw photographs;

1. Application of investigation reports, investigation reports, and statutes to the Acts and subordinate statutes;

1. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act concerning criminal facts, the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 53 subparag. 1 and 14(1) of the Management of Mountainous Districts Act, and the same shall apply without permission.

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