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(영문) 제주지방법원 2016.03.17 2015고합141
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for one year.

19,215,040 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest shall obtain permission from the competent authority;

Nevertheless, from March 2, 2015 to the 25th day of the same month, the Defendant cut standing timber of 267 m2, including 4,637 m2, 691 m2, 3,868m2, G forest, 16,95m2, 3,59m2, and 36,275m2, among the forest land owned by C, from March 2, 2015 to the day of the same month, in total, 36,27m2, such as 4,637m2, 6,91m2, among the forest land owned by C, and 3,868m2, among the forest land, G forest land, 16,95m2, among H forest land, and 3,59m2, among I forest land, which was located in a forest land owned by C, without obtaining permission from the competent administrative agency, and having the human parts employed by the Defendant

2. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the competent administrative agency for conversion of such mountainous district;

Nevertheless, the Defendant cut standing timber as described in paragraph (1) without obtaining permission from the competent authority on the date and time stated in paragraph (1) and on forest land of 36,275 square meters above, and had the human parts employed by the Defendant cut or embling standing timber by using equipment such as excavation cutting machines, etc., and converted the use of mountainous districts to compensate for damage amounting to KRW 141,412,960.

Summary of Evidence

1. The defendant's legal statement (the statement at the sixth public trial date);

1. Each statement made to J of the police officer and to K;

1. Some of the statements made to the police preparation L and M;

1. A written statement of the N;

1. Each investigation report (attached to the register of forests, etc., satellite aerial photography attachment, damage area and registered protocol attachment, confirmation of restoration expenses in the mountain area, details of O financial transactions, etc., confirmation of forest land entry into the forest of this case, confirmation of the completion of report on real estate transaction contract, etc.), and each accompanying data;

1. Each investigation report (report on the current status of on-site detection, report on the current status of such on-site detection, report on the Pcrypt No. 2, Qle President R, O currency);

1. A survey report on actual conditions;

1. The unit price of standing timber as a result of cooperation in investigation;

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