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(영문) 전주지방법원 2018.10.10 2018고정423
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2017 to December 201 of the same year, the Defendant: (a) used engine saws and hand saws in forest land B owned by the Korea Forest Service; (b) used 17 saws and hand saws; and (c) used 22 saws and 394,100 saws of trees, which are products, such as live 17 saws and 5 saws; and (d) stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes concerning calculation of damages caused by standing timber;

1. Article 73(1) (amended by Act No. 14987, Oct. 31, 2017) of the relevant Act and Article 73(1) of the Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017) regarding criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant, on the grounds of sentencing of the provisional payment order, fells standing timber in state-owned land without permission, thereby promoting the sustainable preservation and use of forests, thereby hindering the legislative purpose of the Act on Creation and Management of Forest Resources for the purpose of contributing to the conservation, etc. of the national land, which is disadvantageous to the defendant, is the sentencing factors that are disadvantageous to the defendant, that the defendant repents his mistake and reflects in depth, that the amount of damage is not high, and that the amount of damage is compensated is not high, and that the competent administrative

Based on the judgment of the court, the fact that the defendant has not been restored to his original state, the fact that there is no record of punishment in excess of the same kind of crime or fine, etc. shall be considered as an element of sentencing favorable to the defendant, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, sexual conduct

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