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(영문) 수원지방법원 안산지원 2020.05.15 2020고합18
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

A person who intends to temporarily use a preserved mountainous district shall file a report thereon with the competent authority on the temporary use of the mountainous district and shall not temporarily use the mountainous district without filing a report thereon.

In addition, any person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office, and shall not fell standing timber without such permission.

Nevertheless, on September 2018, the Defendant cut standing timber, such as pine trees, which were planted in the above forest by using one equipment during felling, trucking one truck, etc., in a size of 8,000 square meters among 1,00 square meters among the grassland B, C, D, E, and F forest land, without obtaining permission from the competent authority, and did not receive a report on temporary use for transporting forest products.

As a result, the Defendant committed an act of cutting standing trees without obtaining permission from the competent authorities, and temporarily used a mountainous district without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a de facto survey report (including attached aerial photographys, field photographs, etc.), full certificate of registered matters, land cadastre, notification of permission for cutting standing trees, and each investigation report (a confirmation on the expiration of the permission period for cutting standing timber, creation of a forest as a road with no report thereon, and confirmation of errors in the area of a

1. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74(2)2 and Article 36(1) of the former Forest Resources Creation and Management Act (amended by Act No. 17015, Feb. 18, 2020); the former part of Article 55 and the former part of Article 15-2(2) (amended by Act No. 17091, Mar. 24, 2020) of the former Mountainous Districts Management Act (amended by Act No. 17091, Mar. 24, 2020);

1. The Criminal Act among concurrent crimes.

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