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(영문) 청주지방법원 충주지원 2016.11.04 2016고단576
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to fell standing timber or convert a mountainous district in a forest shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential

Around January 2014, the Defendant, without obtaining permission from the head of the Chungcheong City and the head of the Chungcheong State Forest Management Office, had friendly C cut 119 parts of trees, such as Akao tree, which was planted in 5,383 square meters of the said forest land, using an electric saw, using an electric saw, and cut down 119 parts of trees in the forest by planting fruit trees and maintaining drainage channels using the refrigerator, and cut standing trees in the forest and diverting mountainous districts at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, location map, survey result map, calculation details of forest damage amount, application of Acts and subordinate statutes to damaged areas of photograph;

1. The applicable provisions of Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act for criminal facts and Article 74(1)3 of the Creation and Management of Forest Resources Act are written under Article 74(1)1 of the Creation and Management of Forest Resources Act, but they are written in writing clearly;

Article 36(1) (Unauthorized Felling of Standing Timber)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Mountainous Districts Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is deemed to have cut standing timber and diverted mountainous districts without permission, knowing that the Defendant is not the land owned by him/her, despite a considerable period of time, and is deemed not to have restored mountainous districts to its original state despite the fact that the forest is damaged once, and thus, considerable effort and time are required to restore the mountainous district.

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