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(영문) 대전지방법원 천안지원 2019.11.22 2019고단1168
산림보호법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

A person who does not fell standing timber in a forest conservation zone and intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority.

Nevertheless, the Defendant cut 676 pieces of trees, such as pine trees planted at the same place through C through the Working Group C, and cut 1,339 parts of trees by cutting 663 pieces of trees, such as pine trees, etc. in the same manner as the Head of the Working Group E through the Working Group E without obtaining permission to cut standing trees in the Asan City, in March 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. One copy of each fact-finding survey report, each location map of damaged areas and current status map, each of each survey drawings, each aerial photography, each history, (2016- - 2017), land cadastre, land utilization plan confirmation, forestry map, and each of the mountainous district information inquiry;

1. One business trip report, and the application of Acts and subordinate statutes to investigation reports (calculated amount of forest damage);

1. Article 54(2)1 and Article 9(1)1 of the former Forest Protection Act (Amended by Act No. 16230, Jan. 15, 2019); Articles 74(2)2 and 36(1) of the Creation and Management of Forest Resources Act; Articles 74(2)2 and 36(1) of the Creation and Management of Forest Resources Act; and the choice of imprisonment for each of the following:

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the following facts: (a) the nature of the crime is not weak in light of the content of each of the crimes of this case, the scale of damage, etc.; (b) the defendant has the record of punishing fines for the same kind of crime; (c) the defendant confessions and reflects each of the crimes of this case; and (d) the defendant has no record of criminal punishment for the same crime other than the above fines.

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