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(영문) 춘천지방법원 2015.02.06 2014고합123
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On January 10, 2014, the Defendant entered into a contract on the sale of state forest products with the content that the Defendant purchases 16,51 parts of 16,50,000 won, excluding retained trees and trees of forest belts, with the exception of 152,80,000 won with respect to three places, including Yang-gu State Forest Administration Office and Yangyang-gu, Yangwon-gun, and

However, produce shall not be stolen from forest by exercising the right to cut standing timber or bamboo or to extract or gather produce from forest.

Nevertheless, from July 21, 2014 to July 25, 2014, the Defendant laid down KRW 177, such as active leaves worth KRW 6,955,730, the market price of the victim’s forest owned by the Korea Forest Service, which was selected as a preserved tree while cutting the standing timber in the said forest.

As a result, the defendant stolen standing timber owned by the Korea Forest Service by using the opportunity to exercise the right to cut standing timber.

Summary of Evidence

1. Defendant's legal statement;

1. The total list of seized articles;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on copies of contracts for sale of State forest products;

1. Article 73 (3) 4 and (1) of the Creation and Management of Forest Resources Act concerning facts constituting a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One year to ten years; and

2. Determination of sentence: One year of imprisonment, two years of suspended execution, this case is that the defendant stolens more than 170 standing timber designated as preserved trees in the course of cutting down standing timber in accordance with a state-owned forest product sale contract, and considering the fact that once the forest is damaged, it is impossible to restore it to its original state or requires a very long period of time to restore it to its original state, and that the degree of damage and the value of the stolen tree are not much significant, etc.

However, the defendant reflects his mistake, and fully pays the price of standing timber and the cost of restoring forests that have been illegally cut, and the motive and background of the crime of this case, the degree of damage, the age, character and conduct of the defendant, and the cost of restoring forests.

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