logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2015.08.11 2015고단83
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from January 28, 2015 to February 29, 2015, cut standing timber within the area where permission to collect earth and rocks on forest land in Jeonbuk-gun, Jeonbuk-gun, and cut down standing timber without obtaining permission from the competent authority by putting down 412 shares, such as falling 5,410 square meters in total, over the boundary of the area subject to permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. The police statement concerning F;

1. The actual condition survey report;

1. Statement on the calculation of damages caused by standing timber;

1. On-site inspection photographs and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (on the spot survey) and a report on investigation ( on the recognition of an appeal);

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 75(2) and (1) of the Creation and Management of Additional Forest Resources Act (1,514,307 Won 1,514,307 Won 754,727 Won 134,065 Won 191,065 Won 2,160,09 Won 19 through 43 of the Investigation Records);

1. The fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not sufficient in the amount of trees cut down without permission is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case and reflected against the defendant, the defendant has no same criminal records, the restoration of the forest damaged by the crime of this case seems to have been completed with respect to the restoration of the original state, the fact that the defendant supported his old old mother and lives, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the argument of this case shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

arrow