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(영문) 수원지방법원 여주지원 2014.01.23 2013고합92
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while substantially operating C, performed the construction of a factory site in the Hancheon-si G Forest Unit, where D, Incorporated Co., Ltd. E, and F obtained approval for the new construction of a factory respectively, subcontracted the construction of the factory site and the construction of the above factory site to H without conducting a boundary survey around November 2012.

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc.;

Nevertheless, from November 20, 2012 to December 15, 2012, the Defendant: (a) performed the construction of the said factory site; (b) had I, the head of H site, the neighboring land of the area for which approval for the construction of the factory was obtained; (c) cut all standing timber, which was born in a mountainous district of 1,352 square meters and 3,864 square meters in J forests, and 5,216 square meters in total among J forests, using an engine saw, and laid down all standing timber, which was born in a mountainous district of 1,352 square meters and 3,86

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

2. A person who intends to cut standing timber or extract or gather forest products within a forest that violates the Act on the Aggravated Punishment, etc. of Specific Crimes shall obtain permission from the head of a Si/Gun/Gu or the head of a regional

Nevertheless, from November 20, 2012 to December 15, 2012, the Defendant, while performing the construction of the above factory site, let I, the head of H site, the head of H site, cut the total sum of 1,460,60 won of the originating price, which is equivalent to the total of 1,460,600 square meters, among the adjacent forests and fields of Echeon-si J in the part where the approval for the construction of the factory was granted, and cut off 138 copies of the above factory site using an engine saw.

As a result, the defendant cut standing timber without permission of the Leecheon City.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. The statement of K;

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