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(영문) 전주지방법원 2017.12.15 2017고합229
특정범죄가중처벌등에관한법률위반(산림)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest management office.

On August 20, 2015, the Defendant reported a forest management plan for cutting down trees to the former heading-gun C, D, and E from the heading-gun on August 20, 2015, and obtained permission for cutting down trees from the heading-Gun Office on the 24th day of the same month under certain conditions (at least eight ridge lines and at least nine ridge lines are excluded from the area where permission for cutting down trees is granted).

From November 2015 to the end of January 2016, the Defendant cut off 4,171 week (registered 3,341,000 cubic meters), including 24,284 square meters in aggregate of 6,616 square meters in a size of 30,616 square meters in a size of 6,616 square meters in a size of 30,900 square meters, without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and J;

1. Statement of reference witnesses by the prosecution against J;

1. A survey report on actual conditions, a location map of damaged areas, a detailed status map, the ledger of forest land, the calculation report on the amount of damage from forest trees, method of calculating the amount of damage from forest trees, on-site surveys, photographs, forest project reports, official documents, reports on forest management plans, reports on acceptance of reports on the implementation of forest management plans and reports on acceptance of reports on the implementation of forest management plans, details of overdue payment

1. Photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. Grounds for sentencing under Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. Sentence;

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