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(영문) 대구지방법원 2015.06.05 2015고합158
특정범죄가중처벌등에관한법률위반(산림)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around March 2012, the Defendant committed a crime with a boundary in the course of reporting a forest project in accordance with a forest management plan and cutting down private forest standing timber, and on March 2012, the Defendant entered a 12,105 square meters indictment among the 12,015 square meters of the forest land in Yongcheon-si, a state forest, as a state forest. However, according to the details of forest damage (in the investigation record, 33 square meters) and the statement of the origin price calculation (in the investigation record, 189 square meters) of the damaged forest products, the Defendant ex officio correct it.

The written indictment of 190.04 cubic meters of active leaves equivalent to KRW 1,961,212, which are owned by the state owned by the victim, and 18,359 square meters of forest land among D forest land owned by state forests, shall be stated as 18,539 square meters. However, according to the details of forest damage (investigative Records 33), the details of calculation of the origin price of damaged forest products (investigative Records 189 pages), etc., it is clear that it is a clerical error of 18,359 square meters of forest land ex officio.

The country of origin price of 2,974,636 won, which is owned by the injured party, was cut arbitrarily, and sold to the injured party who operated the fire-fighting unit factory in Yongcheon-si, and thereby the origin price of forest products was 1,000,000 won or more.

2. Around March 2013, the Defendant committed a theft of forest products, such as arbitrarily cutting down 93,677 cubic meters of active number of 95.73 cubic meters of active number of 95.73 meters, which is the State owned by the injured party, who is going to a 6,098 square meters of land among the Do forests in Yeongdeungpo-si, Youngcheon-si, a state forest, in the course of reporting a forest project in accordance with a forest management plan and cutting down private forest trees.

3. On April 2013, the Defendant committed a crime: (a) committed a forest project report in accordance with a forest management plan and cut down private forests in the course of gathering trees; and (b) around April 2013, the Defendant, a state-owned forest, was located within KRW 13,963 square meters of the Si Forest E-si, Youngcheon-si, a state-owned forest; and (c) was located within KRW 1,582,327.

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