logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2013.05.27 2013고합12
특정범죄가중처벌등에관한법률위반(산림)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although a person who intends to cut standing timber in a forest has obtained permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office from October 201 to September 2012, the defendant, without obtaining permission to cut standing timber, fells of trees equivalent to KRW 15,56,00 and KRW 15,576,000 in the value of origin in North-gu E-gu, North-gu, where D Co., Ltd. owned by D Co., Ltd. from around October 201 to around September 2012, on the ground that it constitutes a criminal fact that the felling of pine trees and KRW 15,56,00 in the value of KRW 15,00 and KRW 30,000 in the value of the trees and KRW 47,840 square meters in the area of the forest, and the damaged area of the forest is not separately stated. The sum of the damaged area of KRW 37,697,00 in the above forest, and the place of origin of origin is equivalent to KRW 2037,300.

Summary of Evidence

1. The defendant's statement made on the second trial date; and

1. Report documents for forest project plans formulated in 2011;

1. Protocol of the reference land, and map of illegal forest damage zones;

1. Reporting on investigation (as to calculating the amount of forest damage);

1. Application of the Acts and subordinate statutes on warning pictures;

1. Article 9 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 75(2) and (1) of the Creation and Management of Confiscated Forest Resources Act is that the crime in this case is committed, and the amount of damage is not so large that the damaged area of the forest is too broad that the crime in this case is light;

However, there are some circumstances that may be taken into account the circumstances of the crime.

arrow