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(영문) 수원지방법원 여주지원 2017.06.15 2017고합9
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to excavate forest products in a forest shall obtain permission from the competent administrative agency, and a person who intends to create a reflect of forest products in a mountainous district shall file a report on the temporary use of the mountainous district with the competent administrative agency.

Nevertheless, from October 6, 2016 to November 8, 2016, the Defendant: (a) cut the forest products of an amount equivalent to KRW 39,845,00 in total amount of KRW 537 square meters (259, 182, 182, 13, 207, 207, 397, 247, 397, 780 square meters of the forest products in place of origin in order to sell forest products planted in the area of 172,980 square meters of the forest land E-si, Innju-si, a forest, without obtaining permission from the competent administrative agency; (b) from November 6, 2016 to November 8, 2016; and (c) created the forest products planted in the area of 780 square meters of the forest products in order to transport the forest products cultivated in the area without filing a report on the temporary use of the forest.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A map on the actual survey of the actual condition of the actual damage caused by the relevant mountainous district, a forestry map, a forest register, and a certificate of national land utilization plan;

1. All on-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and 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 (the act of digging out unauthorized forest products) and Article 55 Subparag. 2, and the former part of Article 15-2(2)7 of the Mountainous Districts Management Act are written in the column for application of Article 15-2(2)4 of the Bill of Indictment. However, it is obvious that it is a clerical error in Article 15-2(2)7 of the former part of Article 15-2(2).

(Temporary Use of Reported Mountainous Districts and Selection of Imprisonment)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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