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(영문) 대전지방법원 서산지원 2015.09.10 2015고합60
특정범죄가중처벌등에관한법률위반(산림)
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

Those who intend to fell standing timber or extract and gather forest products in forests shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office.

Nevertheless, from December 21, 2014 to December 30, 2014, the Defendant, without obtaining permission from the competent authority, on five parcels outside Chungcheongnam-gun, Chungcheongnam-gun, and without obtaining permission from the competent authority. The Defendant, by using a mechanical saw, laid down 593 pieces of trees planted on a size of 10,820 square meters for the said forest area (a value equivalent to KRW 1,620,000 for the place of origin of forest products).

Accordingly, the defendant cut standing timber in the forest without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Investigation report (Statement by Taean Military Court, the environmental forest of the Taean Military Office, and local green belt injection phone);

1. A survey report on actual condition (a survey report on the actual survey drawings, on-site photographs, details of calculation of restoration expenses, table of the project for afforestation, and details of calculation of the standing timber timber as a result of the survey on root of standing timber);

1. Seizure records;

1. Application of statutes in the forestry register;

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The sentencing criteria is not set for the instant crime on the grounds of sentencing Article 75(1) of the Creation and Management of Confiscated Forest Resources Act.

The crime of this case is deemed to have cut down 593 pine trees without obtaining permission from the competent authorities. In light of the fact that once a forest is damaged, it is impossible to restore it or requires a long time to restore it to its original state, and that the damaged forest area has reached 10,820 square meters, and the scale of damage is considerable.

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