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(영문) 의정부지방법원 2014.12.11 2014고정1843
산림자원의조성및관리에관한법률위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who resides in Socheon-gun C in Gyeonggi-do.

Anyone who violates the Creation and Management of Forest Resources Act shall obtain a permit to cut standing timber from the administrative agency concerned pursuant to Article 36 (1) of the Creation and Management of Forest Resources Act.

Nevertheless, on April 12, 2014, the Defendant: (a) extracted four parts of the standing trees (standing trees in 0.09 cubic meters) growing at a place where a road was built using a scke, among the forests owned by the Ministry of National Defense of Gyeonggi-do, the Ministry of National Defense on April 12, 2014, using 135 square meters of forest land owned by the Ministry of National Defense; and (b) extracted from a forest without obtaining permission from the head of a Gun.

(b) Any person who violates the Mountainous Districts Management Act shall obtain permission from the competent authority pursuant to the Mountainous Districts Management Act;

Nevertheless, the Defendant was on March 16, 2014 and April 12, 2014.

Among the forests and fields located in the port, 567 square meters of land was illegally diverted to 385 square meters for road maintenance, 47 square meters for banking, and 567 square meters for new construction of a road by using a cater, without obtaining permission from the head of a Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes to practical survey reports, field photographs, records of the area of illegal diversion of mountainous districts, records of assessment of forest damage amount, and investigation reports (verification of the area of forest damage, etc.);

1. Article 74 (1) 1 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime (a point where standing timber is cut without permission), subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, and Article 14 (1) of the Management of Mountainous Districts Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 59(1) of the suspended sentence of sentence Article 59(1) of the Criminal Act provides that the Defendant has lived in good faith without one previous conviction so far, that the Defendant repents and reflects his mistake, and that the Defendant passes through the road by preventing the use of the road by the owner of the existing road.

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