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(영문) 대구지방법원 안동지원 2014.01.21 2013고단399
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year 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

[2013 Godan399] On January 15, 2013, the Defendant: (a) found out that there has been trees for a long time in the course of cutting down the trees owned by the victim to the Dong-dong Forestry Cooperatives, which were disposed of by the victim to the Si-dong Forestry Cooperatives; and (b) caused a gap in the supervision over the victim; and (c) made an electric saw that there is a gap in the part of the victim’s supervision, it seems unnecessary that “the market price of the victim’s assertion is KRW 7,280,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

As a result, the defendant stolen another person's standing timber by using an opportunity to exercise the right to cut standing timber.

[2013 Highest 463]

1. A person who intends to cut standing timber or extract or gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, notwithstanding the fact that he/she obtained permission from the end of February 2013 to the beginning of March 2013, the Defendant cut standing trees 758 (28.369 cubic meters), 1,494 (140.489 cubic meters), 85 (9.33 cubic meters), 208 (6.587 cubic meters), 56 (13.569 cubic meters) without permission from the end of February 2013 to the beginning of March 2013.

2. A person who intends to temporarily use a mountainous district for violating the Management of Mountainous Districts Act, for work roads, or for transporting forest products shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu for mountainous district of a

Nevertheless, in order to take out standing timber, such as pine trees cut as stated in paragraph (1), without reporting on May 30, 2013, the Defendant illegally established a 775 square meters wide and 310 square meters wide in Ansan-si in order to take out standing timber, such as pine trees cut as stated in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning the F;

1. Part of the police against the defendant.

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