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(영문) 의정부지방법원 2014.02.05 2013고합360
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who cultivates wild vegetables, medicinal herbs, fruit trees, agricultural crops, etc. without permission by creating a mutual source of farming, “D” in the mountainous district of Gyeonggicheon-gun C.

1. A person who intends to cut standing timber or extract and gather forest products within a forest shall obtain permission from the competent authority, but even from around 2009 to around 2012, the Defendant cut the forest of KRW 138 (3.69 cubic meters of standing timber timber timber) of KRW 239,000 by cutting the forest of KRW 139,00,00, which was occupied by using a mechanical saw, from around 209 to around 201, to around 4, 201.

2. A person who intends to thin standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority, but around May 2013, the Defendant destroyed the forest by leaving, gathering, and removing low-rises and fallen leaves and trees, which are forest products, each year, using a string of Gun without permission from the head of the Gun, and thereby losing the function of preventing soil erosion and sand erosion, which is the inherent function of the forest, by inserting, gathering, and removing low-rises and fallen leaves and trees, which are located in the Gyeonggi-gun, Gyeonggi-gun, G, and seven parcels.

3. A person who intends to convert a mountainous district shall obtain permission from the competent authority, but on around 2012, the Defendant installed a vinyl tent (3.7 square meters x 10 square meters x 37 square meters) on the forest and field owned by H in Gyeonggi-do, Gyeonggi-do, with no permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The actual condition survey report and the investigation report;

1. Each location map (Guide map, satellite photograph), satellite photograph, each field photo, records of the area of illegal mountainous district, records of the amount of forest damage (Recovery cost), incumbent records, forest register, and copies of forest map, and copies thereof;

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