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(영문) 청주지방법원 2020.08.13 2019고단3020
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Any person who intends to cut standing timber or extract or gather forest products shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head

Nevertheless, on March 2019, the Defendant cut off, without permission, a total of 1,252 parts of pine trees, 735 m3.57 m2, and 292 m3,000 m3.57 m2, a forest owned by 33.57m2, from among the Class C and three other types of land outside Chungcheong B, without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of a survey report on the actual state of trees, the degree of the unlawfully cut area, the survey report on the timber of damaged standing trees, the survey and camping place, the current status and photographs of the unlawfully cut standing trees, and the Acts and subordinate statutes governing the illegally

1. Article 74 (2) 2 and Article 36 (1) of the Creation and Management of Forest Resources Act applicable to facts constituting a crime and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources

1. Article 62(1) of the Act on the Suspension of Execution does not relax the Defendant’s criminal liability because the size of the forest or the number of standing trees cut out without permission, but the Defendant did not have any record of having been punished for the same kind of crime, and the victims and victims have agreed smoothly before and after the closing of argument, and between August 1, 2020 and August 2, 2020, it appears that 1,000 pine trees were planted at the place where the Defendant cut down for the restoration of damage. Other factors such as the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime are considered.

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