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(영문) 춘천지방법원 영월지원 2020.02.25 2019고단553
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Any person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent administrative agency;

Nevertheless, on March 2019, the Defendant cut standing timber in the forest B of Gangwon-gun, Gangwon-do without permission from the competent authority, and 21.79 cubic meters of the area.

2. Where a person who violates the Management of Mountainous Districts Act intends to convert a mountainous district, he/she shall obtain permission from the competent authority according to the classification of types, areas, etc. of

Nevertheless, on March 2019, the Defendant converted the use of mountainous districts into mountainous districts in a manner such as building 3,405 square meters from among the above forest land, which is a quasi-preserved mountainous district, using construction equipment, piling up stone sculptures, and piling up stone sculptures, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and accompanying documents, and a report on investigation (related to the area of a punishment item);

1. Relevant Article of facts constituting an offense, Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources Act (unauthorized cutting of standing timber) concerning the creation and management of forest resources subject to the option of punishment, subparagraphs 1 of Article 53 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment: Imprisonment for a month to four years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, without obtaining permission, cut standing timber and diverted mountainous districts.

This act causes social loss by damaging a minor forest, and requires considerable time and expenses to restore the forest to its original state, so it is necessary to prevent it through appropriate punishment.

However, the fact that the defendant is recognized to commit a crime, there is no record of punishment for the same kind of crime, and the competent authority is making efforts to restore the original state to the original state.

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