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(영문) 대전지방법원 천안지원 2017.12.14 2016고단1300
산림자원의조성및관리에관한법률위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 around December 2, 2015 to February 2, 2016, the Defendant cut standing timber in a way that he well pays approximately KRW 119, such as 1,643 square meters of C forest land and 1,401 square meters of D forest land and 242 square meters of forest land, without obtaining permission from the head of a Si/Gun/Gu or the head of a local forest office.

Summary of Evidence

1. Each legal statement of witness E, witnessF, and witness G;

1. Statement of the police statement related to G;

1. A fact-finding survey report and an investigation report (No. 3 No. 13);

1. 112 Application of the Acts and subordinate statutes governing the delivery of the report processing table;

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 of the Creation and Management of Forest Resources Selection of Punishment, and Selection of imprisonment;

1. Although the size of the forest land or the number of standing trees cut by the defendant without permission for the reason of sentencing under Article 62(1) of the Criminal Act does not require permission, the punishment as ordered shall be determined by comprehensively taking account of the following: (a) there is no record that the defendant has been punished for the same kind of crime; (b) the fact that the defendant has planted the lost trees in the forest area where he was cut; and (c) the defendant's age, sex behavior, family relationship, home environment, motive and means of the crime, and circumstances after

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