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(영문) 춘천지방법원 원주지원 2019.08.28 2019고단520
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, on September 2015, the Defendant was engaged in felling the part of 36,000 square meters of B forest land of KRW 116,430,00 in Won-si, and was engaged in felling with permission from the original liquor market. In addition, the Defendant exceeded the permission area and cut down 664-based standing timber in total, including 161 weeks, 238, 100 square meters of land among the above B, and 11,000 square meters of land among the above B, without obtaining permission from the competent authority.

2. A person who intends to fell trees or gather aggregate in a park area in violation of the Natural Parks Act shall obtain permission therefor from the park management authority;

Nevertheless, while the Defendant was engaged in felling activities with permission for felling standing trees on September 2015, the Defendant collected 67 standing trees in total, including KRW 42, KRW 21, KRW 3, and KRW 1,000, KRW 1,000, KRW 1,000, KRW 42, KRW 21, KRW 21, KRW 3, and KRW 1,000, KRW 1,00

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Written statements of D;

1. The provision of a location map, an illegal deforestation district map, an illegal deforestation district, an on-site photograph, a forest survey report, the details of calculation of damage amount, the delivery of materials related to the felling of forest trees within a park area, and the application

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (Act No. 12415) concerning facts constituting a crime; Article 82 subparagraph 2 of the Natural Parks Act and Article 23 (1) 7 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although the crimes of this case under Article 62(1) of the Criminal Act are not committed against the defendant in light of the methods and results thereof, there are no criminal records against the defendant, and the defendant has depth of his mistake.

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