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(영문) 전주지방법원 2017.06.12 2017고단265
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to fell standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest.

Nevertheless, the Defendant stated the bill of indictment of 8,814 square meters in North Korea-gun B, C, D, E, etc. from February 2, 2014 to March 31, 2014 as “131.69 cubic meters.” However, according to the records (the six pages of the investigation record), it is clear that it is an error of 8,814 square meters in size. Since there is no concern that the Defendant may have any substantial disadvantage in exercising his/her right to defense, it is modified ex officio.

From 1,079, 127, 127, 127, 4.11, 83, 9.29, 7, and 1,296, including 0.93, 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report, location map, forest survey site and registered protocol, and actual survey map of damaged areas;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 3 and 36 (1) of the Act on the Creation and Management of Forest Resources subject to the option of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case where a defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, fells standing timber without obtaining permission from the competent authority, is significantly detrimental to the legislative purpose of the Creation and Management of Forest Resources Act, which aims to contribute to the preservation of the national land by promoting the sustainable preservation and use of forests, and the area of the mountainous district which fells without permission and the amount of standing timber are not large, and the restoration of the original state is not complete, and thus, the defendant needs to strictly punish

However, the fact that the defendant does not obtain any permission for deforestation, but is in excess of the permitted range while cutting down with permission for deforestation, and that the value of national forests and some private forests has been compensated for.

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