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(영문) 수원지방법원 2013.12.12 2013고정2987
산림자원의조성및관리에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Anyone who intends to cut standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, at around 08:00 on June 23, 2013, the Defendant cut 10cm in diameter, 5-6cm in 3cm, 3cm in 3cm in 10cm in total, 10cm in 3cm in 3cm in 10cm in forests and fields owned by the Defendant in Pyeongtaek-si B without permission of the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Submission of data, such as a certified copy of cadastral map), investigation report ( telephone conversations of a surveying engineer);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 59(1) of the Criminal Act (excluding punishment for a long time by a fine) above the scope of suspension of sentence for the following reasons: (a) there is no particular criminal history other than punishment for a long time; (b) the recognition of illegality at the time of the act was weak; and (c) the size of deforestation was not large

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