Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year 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.
On September 14, 2015, the Defendant did not obtain permission to cut trees, and cut down 107 standing trees in the area of 1,100 square meters among the forests B and C, and around September 14, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the actual survey report;
1. Article 74 of the Act on the Creation and Management of Forest Resources subject to criminal facts and Articles 74 subparagraph 3 and 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) of the suspended sentence is large in that the defendant cut down his forest, which is a natural resource in the future, without obtaining permission to cut down his forest, which is a natural resource that must be strictly managed:
On the other hand, the fact of crime is recognized and reflected.
In addition, the circumstances that seem to have been for graveyard creation are also recognized.
In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.