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(영문) 수원지방법원 안산지원 2016.09.06 2016고단2584
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

Anyone who intends to fell standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office.

Nevertheless, on May 14, 2016, the Defendant cut 83 gall trees without permission from the head of the Si/Gun/Gu or the head of the regional forest office, in Ansan-si, a forest conservation zone.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and C statement of the Ansan market;

1. Application of Acts and subordinate statutes to photographs of timber sites and photographs of standing timber cut;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting a crime and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions shall be comprehensively taken into account: the Defendant’s age, occupation, character and conduct, environment, and all the conditions of sentencing as indicated in the records, such as the circumstances before and after the instant crime.

There are a large number of trees cut.

The defendant has four-time penalties for fines.

There is no criminal power for the last seven years, and there is no more penalty or same punishment power.

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