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(영문) 대구지방법원 영덕지원 2018.02.09 2017고정80
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who resides in Gyeyang-gu, Incheon, B 104 401, and around April 2017, the Defendant: (a) arbitrarily judged the boundaries between C and D during the felling of adjacent sites for factory establishment with respect to the standing timber in Ulsan-gun, Ulsan-do; and (b) illegally cut down the trees of KRW 15 copies of the sea transmission of natural forests; (c) the registered 7.78 square meters; and (d) the damaged amount of standing timber amounting to KRW 483,580, without permission under the Creation and Management of Forest Resources Act.

Summary of Evidence

Article 74(1)3, Article 36(1)3, and Article 70(1) of the Act on the Creation and Management of Forest Resources subject to the applicable provisions of the Act and the Act on the Establishment and Management of Forest Resources subject to the Decision of the Defendant’s Court Statement E on the Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the confinement of the Nowon Station in the case of Articles 70(1) and 69(2) of the Act on the Provisional Payment Order of the Defendant’s Statement of the Defendant’s Court, the instant crime is deemed to have cut trees owned by the Defendant without the permission of cutting standing trees, and once a forest is damaged, the restoration of the forest is impossible or very long time is required for the restoration of the original state.

subsection (b) of this section.

It is also disadvantageous to the fact that the damage to the cut standing timber has not been recovered.

However, it shall be considered in favor of the defendant that the defendant has recognized his mistake and reflects his mistake, and that the defendant has no same criminal record.

In addition, the punishment as ordered shall be determined in consideration of all the conditions of sentencing, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.

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