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(영문) 의정부지방법원 2013.09.25 2013고단1055
산림자원의조성및관리에관한법률위반등
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 became final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority, and also obtain permission from the competent authority when he/she intends to convert a forest.

Nevertheless, on March 20, 2013, the Defendant cut standing trees equivalent to KRW 5,018,868,00 in total, of KRW 88,000,000 in size 7,082,000 square meters in size 88,000,000 in the Defendant’s land located in Seocheon-si, Gyeonggi-do, for the purpose of opening an access road, without permission from the competent authority, and made a conversion of a mountainous district to cover a total of KRW 1,016,314,00 in size 206,00 without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. On-site photographs of illegal land;

1. Investigation site of illegal timbering areas, and report on the actual status of illegal timbering areas;

1. A detailed statement on the calculation of the amount of damage from forest products, and the distribution price of the National Forestry Cooperatives Federation in April 2013;

1. Application of Acts and subordinate statutes on land cadastre;

1. Article 74 (1) 3, Article 36 (1) of the Act on the Creation and Management of Relevant Laws and Forest Resources Selection for Criminal Facts (Unauthorized cutting of standing timber, Selection of Imprisonment), Article 53 subparagraph 1, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Unauthorized cutting of standing timber, Selection of Imprisonment, and Selection of Imprisonment);

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

1. A sentence of probation shall be imposed, based on the circumstances that the defendant has the same criminal records as the defendant with the reason for sentencing under Article 62(1) of the Criminal Act and has no permission for restoration to the original state or for training, on the condition that the sentence of probation is not large, and the sentence of probation shall be imposed in consideration of the age, motive, etc

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