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(영문) 수원지방법원 여주지원 2013.09.26 2013고합34
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. When a forest owner violates the Act on the Aggravated Punishment, etc. of Specific Crimes entails felling, etc. when executing a forest management plan, he/she shall report thereon to the head of a Si/Gun/Gu in advance, and a person who intends to cut standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or

On January 9, 2013, the Defendant entered into a timber contract with C around January 12, 2013 with respect to the area of 121,688 square meters of the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do Do Do which was authorized for the management plan. On January 12, 2013, on January 12, 2013, the Defendant: (a) reported the implementation of a forest project accompanying the cutting of patrolmen; or (b) cut down 53,039 square meters among the above D Do Do Do Do Do Do Do - Do - which was authorized for the management plan without obtaining permission for cutting trees; (c) 934 square meters among the neighboring E forests, and 119 square meters among the F Do - Do - Do - Do 21,161,292 square meters of the origin price of the forest -

Accordingly, the defendant cut standing timber without permission from the head of Bupyeong-gu Gun.

2. A person who intends to temporarily use a forest road for violating the Management of Mountainous Districts Act, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report thereon to the Minister of the Korea Forest Service for mountainous districts of state forests and to the head of a Si/Gun/Gu for mountainous districts of forests which are not state forests;

Nevertheless, on January 2013, the Defendant created a work to cut standing timber by cutting it into the excavating machine on the 1,367 square meters of Gyeonggi-gu, Gyeonggi-do, without reporting the temporary use of the land to a police officer.

As a result, the Defendant did not report temporary use of mountainous districts and temporarily used mountainous districts for the purpose of work.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the calculation of damages on standing timber;

1. A survey map of the current status of the illegal damaged land, and a copy of each certified copy of the register;

1. Current status;

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