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(영문) 광주지방법원순천지원 2020.10.15 2020고단1274
산림자원의조성및관리에관한법률위반
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

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Administrator of the Korea Forest Service, as prescribed by Presidential Decree.

Nevertheless, on March 2019, the Defendant obtained permission for the construction of solar power infrastructure in the forest zone B B forest zone in Bosung-gun, 2019 and carried out construction works, and cut down 43 parts of white trees (the aggregate of standing trees: 61 cubic meters) and 5 parts of standing trees (4 cubic meters in total of standing trees) that were growing out from the above zone with the competent authorities without obtaining permission from the competent authorities, on the 5,380 square meters of the above B forest zone outside the boundaries of the permitted zone.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the damaged area, etc.);

1. A forest survey site;

1. Application of Part II Acts and subordinate statutes to the registered record and accumulation calculation of the reference land;

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting a crime and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2001Do1119, Jan. 1,

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