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(영문) 광주지방법원 2020.10.22 2019노2032
산림자원의조성및관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant did not instruct C to cut standing timber planted in Yong-nam Cancer B (hereinafter “the instant forest”) to the chief of the saw Working Group C at the time of the instant case.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, two years of suspended sentence, two years of social service, 120 hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the evidence duly adopted and examined by the lower court, the Defendant: (a) under the circumstance that the remaining 1/2 of the instant forest land did not obtain consent from the F organization of equity right holders; (b) the Defendant decided the boundary of the part corresponding to 1/2 of the instant forest land to D and C; (c) thereafter, the Working Group C asked the head of the Working Group C by telephone to order C to perform the subsequent work; (d) C was called for D to perform the work by telephone; (c) the Defendant was released from the Defendant’s work after completion of the logging work; and (b) the Defendant was paid work expenses at KRW 600,000,00 to D; and (c) the purport of testimony before the Working Group C was to obtain the permission from the Defendant for the instant forest land and forest land under the premise that it would naturally be in charge of the Defendant’s work, such as obtaining the permission from the Defendant for the instant forest and forest land under the premise that it would have obtained the permission from the Defendant for the instant forest and forest under the premise that it would have been conducted the instant forest and forest under the title C.

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