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(영문) 대구지방법원 상주지원 2015.06.30 2015고정81
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food

Nevertheless, on December 26, 2014, the Defendant cut standing timber of 9.5 square meters (in 452 oak tree and 17 oak tree) for the production of oak trees in the forest land B in Ycheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, and caused damage equivalent to KRW 932,220 in mountainous district damage.

2. Any person who intends to temporarily use a mountainous district shall report thereon to the Minister of the Korea Forest Service or the head of a Si/Gun/Gu;

Nevertheless, on December 26, 2014, the Defendant, without filing a report with the competent authority, set up a transport route of standing timber on a size of 879 square meters of land B forest land in Ycheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, and cut and filled up, thereby causing damage to forests equivalent to KRW 3,642,660 in the cost of restoring mountainous district, thereby temporarily using mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of facts constituting an offense, Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act, subparagraph 2 of Article 55 and Article 15-2 (2) of the Management of Mountainous Districts Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence is to be imposed as ordered in consideration of the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have the same criminal record against the defendant; (b) the defendant has recovered from forest damage; and (c) the defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the crime; and (e) the conditions of sentencing

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