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(영문) 광주지방법원 순천지원 2017.06.08 2017고합9
특정범죄가중처벌등에관한법률위반(산림)
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

A person who intends to fell standing timber or extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Food and Agriculture.

Nevertheless, from January 14, 2013 to around the 31st day of the same month, the Defendant cut forest trees without permission on the ground of the following: (a) around 2.69 square meters (26,930 square meters) of the remaining Bosung-gun D et al. and about 6 lots of land before the area was not permitted beyond the boundary of Bosung-gun C, which was an area for which timber was permitted from around the same month; and (b) damaged the forest.

As a result, the defendant has damaged a forest of not less than 5,000 square meters but less than 50,000 square meters without permission from the head of the Si/Gun/Gu or the head of the local forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A detailed statement of a contract for felling standing timber, the degree of the area covered by felling, and the examination of unfluencies;

1. The site for photographs, photographs, and photographs taken on November 11, 2013;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigations and actual investigation);

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: One and half years of imprisonment with prison labor, and three years of suspended execution, the Defendant destroyed the forest by cutting out standing timber without permission, and the nature of the crime is not good in that the forest is destroyed once it is damaged, it is impossible to restore it or it requires a very long time to restore it to its original state.

In addition, the defendant has already been identical to three times prior to the crime of this case.

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