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(영문) 전주지방법원 2015.07.17 2014노1452
산림자원의조성및관리에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, without permission, additionally collected more amount than the amount of standing timber cut by the Defendant.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one year of suspended execution, fine of KRW 500,000,000 for additional collection, and KRW 51,691,560) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the Defendant: (a) obtained authorization for a forest management plan using 30% method of felling trees; (b) 49.97 cubic meters (Evidence No. 55,57), 187.74 cubic meters (Evidence No. 1) from the forest land in this case; (c) 187.74 cubic meters (Evidence No. 60,62 of the Evidence); (d) 2000,000 won (Evidence No. 60, 62 of the Record) from the forest land in this case; and (e) 30,740,000 won (Evidence No. 60, 97 of the Record); and (e) 187.74 cubic meters (Evidence No. 60, 62 of the Record); (e) 20,700,000 won (Evidence No. 91 of the Record); (e) 20,2970,2970 cubic meters (Evidence) from the market value of the forest in this case

Therefore, it is reasonable that the court below ordered the defendant to collect additional tax of KRW 51,691,560, and thus, the defendant's assertion of mistake is groundless.

B. As to the assertion of unfair sentencing, the Defendant’s confession and reflects the instant crime, and the fact that the Defendant planted trees in the mountainous district damaged and completed restoration work is considered favorable to the Defendant.

However, the crime of this case was committed by the defendant with permission to cut trees in excess of KRW 50,00 of the market value.

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