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A defendant shall be punished by imprisonment for one year.
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
On January 31, 2011, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapon, etc.) in the Seocho District Court’s early branch on January 31, 201, and the judgment became final and conclusive on February 8, 2011.
Any person who intends to cut standing timber, extract or gather forest products shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and
The same shall also apply where important matters among those permitted are to be changed.
On October 208, 2008, the Gangwon Yangyang-gun permitted the extraction of 300 pine trees from the maintenance of the F&Gun of the Gangwon Yangyang-gun, and the defendant had extracted 300 pine trees through the open bid.
The Defendant did not obtain permission for extraction and alteration of the main trees permitted to extract pine trees from the above military maintenance from October 2008 to January 2009, but additionally extracted 556 pine trees from the above military maintenance.
Summary of Evidence
1. Partial statement of the defendant;
1. Each testimony of witness G, H and I;
1. Second prosecutor's protocol of interrogation of the accused (including G substitute part);
1. Each prosecutor's office or police officer's statement of G, H and I;
1. Application of Acts and subordinate statutes in all the documents to be submitted to K, a copy of an application for permission, a copy of a extraction plan of pine trees, a letter of business trip by J, a copy of a work site, a copy of a
1. Selection of imprisonment, collectively, with prison labor, under Article 74 (1) 3 and Article 74 (1) 3 of the Creation and Management of Forestry Resources Act applicable to facts constituting an offense and selective punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in favor of the reasons for sentencing);
1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of probation and community service order
1. The additional extraction of the pine trees above the gist of the assertion shall be damage to the remaining trees that grow naturally in the vicinity of the pine trees originally designated as those subject to the extraction;