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(영문) 전주지방법원 남원지원 2017.09.26 2017고단154
산림자원의조성및관리에관한법률위반
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 2017, without obtaining permission from the number of net Chang-gun, a competent authority, the Defendant cut off approximately 428 copies of active trees (time trees) which were fested in a net Chang-gun B or C forest and fields. Around March 2017, the Defendant used a mechanical saw.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, on-site photographs and drawings, and statutes on the registered protocol;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (Article 75 of the Creation and Management of Forest Resources Act) of the Criminal Procedure Act provides that the value of forest products related to the same offense as this case shall be confiscated, and where it is impossible to confiscate, the value thereof shall be collected.

In this case, forest products that the defendant cut are not present and only collected can be collected.

However, even according to the facts charged, the number of trees cut by the defendant is approximate, and there is no way to identify the value of the trees cut by the defendant even in the records (the cost of restoring the trees recorded in the calculation of the damaged amount by 51 of the investigation record is not directly related to the value of the trees cut by the defendant). Therefore, the value of forest products collected from the defendant should not be collected.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The defendant has no record of having been sentenced to fine of 300,000 won by the Gwangju District Court in 200, as well as other criminal punishment.

- After the conclusion of the pleadings of this case, the Defendant purchased seedlings 1,700 shares and planted them in the forest of this case

The evidence presented seems to be a fact according to the evidence.

This has become a complete restitution.

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