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(영문) 대구지방법원 상주지원 2016.01.28 2015고합64
특정범죄가중처벌등에관한법률위반(산림)
Text

1. The defendant shall be punished by imprisonment for three years;

2.Provided, That the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission to build a local forest.

1. On January 1, 2015, the Defendant, without obtaining permission from the competent authorities having jurisdiction over patrolmen, employed two races in the Gyeong-si, D, E, F, G, H, I, J, K, L, Y, Y, Y, Pacheon-gun M, and Nan Forest, cut down standing timber equivalent to KRW 2,393,00,00 in total of originating prices of new trees, pine trees, etc. that were born in the aggregate of 48,282 square meters of the said forest, using a mechanical saw.

2. On January 2015, the Defendant, without obtaining permission from the competent police authority, employed two human parts in the Gyeong-si O, P, Q, and R Forest, cut out standing timber equivalent to KRW 1,952,00,00 in total of the originating prices of the said forest by using a mechanical saw, and cutting down standing timber equivalent to KRW 29,40,00 in total of the originating prices of the said forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers against S, T or U;

1. Each fact-finding survey report, investigation report (the correction of the omission of damage in the case), investigation report (the computation on the register of the place where the damage in the case is omitted), investigation report (the keeping of the price for the evidence), estimate, business registration certificate, airline margin, and photograph of the seized article;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) with a more severe penalty];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 75(1) of the Creation and Management of Confiscated Forest Resources Act and Article 132(1) of the Criminal Procedure Act;

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for three years and suspension of execution for the crime of this case;

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