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(영문) 대구지방법원 경주지원 2014.03.21 2014고합2
특정범죄가중처벌등에관한법률위반(산림)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

A person who intends to cut standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority from November 27, 2013 to December 28, 2013, cut off Class 2,205, 910 (infinite 149.14 cubic meters), and damaged the forest of Class 3.7 (infinite 1,49.14 cubic meters), using machinery saws and scoos from four lots of land, namely, D, from November 27, 2013 to December 28, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (on-site investigation following the arrest of a flagrant offender) - A report on detection of illegal forest damage, public question, and photographs of forest damage scene;

1. Application of Acts and subordinate statutes to the criminal geographical report-location and old map, details of felling standing timber by district, details of calculation of damage to standing timber and amount of damage (price of origin), details of the actual investigation of standing timber, details of determination of standard market prices, on-site photographs (as of December 27, 2013), on-site photographs (as of December 29, 2013) and on-site photographs;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., is deemed to have destroyed a forest by cutting out standing timber without obtaining permission from the competent authority, and thus, the damage to forest resources is not good in that it is practically difficult to restore the damaged forest resources. The damaged amount of standing timber is reasonable, and the Defendant committed again the crime of this case even before the same kind of fine. In light of the fact that the Defendant had already been punished for severe punishment corresponding to the act of this case, etc.

However, the defendant made his mistake.

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