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(영문) 대전지방법원 천안지원 2016.08.18 2016고단996
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A person who intends to fell 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 office, as prescribed by Ordinance of the Ministry of Food and Agriculture.

Nevertheless, from November 7, 2015 to December 20 of the same year, the Defendant cut standing timber in such a way that the Defendant, without obtaining permission from the head of a Si/Gun/Gu or the head of a local forest office, fells out of the area of 48,171 square meters in Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in a way that he well fluensates the amount of 788 parts, such as pine trees, fallen leaves,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on detection of forest damage (the location map, the site for photographs, and the report on forest project management plans shall be accepted);

1. A survey report on actual conditions;

1. A survey report on forest damage;

1. Application of Acts and subordinate statutes on the basis of calculation of damage to standing timber;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Articles 75(2) and 75(1) of the Creation and Management of Forest Resources Act are as follows: (a) on July 17, 2015, the Defendant was issued a summary order of KRW 1 million on the grounds of a violation of the Creation and Management of Forest Resources Act in the Daejeon District Court’s astronomical Branch Branch on the grounds of a violation of the Creation and Management of Forest Resources Act on July 17, 2015; and (b) on the other hand, the Defendant committed a second offense

However, punishment was imposed in consideration of the fact that some pine trees, vain trees, etc. have been afforested in the damaged area and endeavored for recovery, and the reflectivity has been reflected.

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