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(영문) 대구지방법원 상주지원 2013.11.28 2013고합18
특정범죄가중처벌등에관한법률위반(산림)
Text

Defendant

A and B Imprisonment for one year and six months, and each of the defendants C shall be punished by a fine of 1,00,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. Any person who intends to fell standing timber in a common-purpose forest of Defendant A or B shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, Defendant B requested Defendant A to cut standing timber in F forest located in F when the above Defendant was permanently located and Defendant A cut the said standing timber without obtaining permission from the resident market from the end of December 2009 to April 201, 201 in a manner of actually cutting down the said standing timber, and 116 KRW 116,00 (in total, KRW 6,710,000,000,000,000,000) for the ever trees without obtaining permission from the resident market from the end of April 201 to the end of April 2010.

As a result, the Defendants jointly damaged a forest of 40,097 square meters in total without permission for deforestation.

2. From March 2010 to April 2010, Defendant A cut trees at the request of the said clan with the permission to cut down the said clan from the forest located in the state forest located in G during the period of residence owned by G during the period from around March 2010 to April 2010, Defendant A entered the forest located in the name of 9 members, including H, beyond the boundary permitted, and carried out the cut standing timber as a raw material, after cutting down the 438 parts of the said nine victims’ co-ownership (round 70.91 cubic meters), 16 parts of the said trees (round 978,000 cubic meters in total of the damage of standing trees), along with the degree of 5 to 6 members of the working group, from the boundary permitted.

Accordingly, the defendant stolen standing timber, which is a product.

3. A person who intends to fell standing timber in a defendant C forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office;

Nevertheless, the Defendant cut 8 parts (1.48 cubic meters in cubic meters and 19,000 cubic meters in cubic meters) from the forest as stated in paragraph (1) above without obtaining permission for the permanent settlement market in the forest as stated in paragraph (1) above.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Each legal statement of the defendant A and B;

1. Statement of the police suspect interrogation protocol regarding I;

1. Statement of each police statement to J and K;

1. Statement of the calculation of the amount of damage to standing timber and the cost of afforestation, and field photographs;

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