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(영문) 수원지방법원 여주지원 2017.08.10 2017고합35
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. A person who intends to cut standing timber in a forest in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall obtain permission from the competent authority;

Nevertheless, from January 20, 2016 to April 20, 2016, the Defendant cut the standing timber of 5,184 square meters of wood, 702 square meters of active trees, 30 square meters of 40,032 square meters of Gyeonggi-gun, Gyeonggi-do, the forest, and 6,369 square meters of D forest, 25,406 square meters of E forest, 1,594 square meters of F forest, 29 square meters of G forest, 29 square meters of H forest, 704 square meters of H forest, 370 square meters of I forest, and 5,184 square meters of wood, 702 square meters of active trees, 30 square meters of 47 square meters in total of 5,963 square meters of fallen leaves.

Accordingly, the Defendant damaged a total of 74,504 square meters of a forest without permission from the competent authorities.

2. A person who intends to temporarily use a mountainous district for the purpose of transportation, etc. of forest products from a mountainous district in violation of the Management of Mountainous Districts shall report to the competent authority

Nevertheless, from January 20, 2016 to April 20, 2016, the Defendant cut standing timber as prescribed in paragraph (1) and created a 2,586 square meters among C forest land, and 165 square meters among D forest land, 1,477 square meters among E forest land, 268 square meters among F forest land, 129 square meters among H forest land, 129 square meters among H forest land, and 15 square meters among I forest land, on forest products.

Accordingly, the defendant temporarily used a mountainous district without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. A location map of illegal deforestation, a written investigation (illegal timbering), a certificate of full registration matters, and a certificate of land use plan;

1. Application of Acts and subordinate statutes governing aerial photographys and illegal felling field photographs;

1. Article 9 (1) 1 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 (unauthorized felling of standing timber) concerning criminal facts, Article 55 subparagraph 2 of the Mountainous Districts Management Act, and Article 15-2 (2) 7 of the former part of Article 15-2 (former part) of the Management of the Mountainous Districts Act (the point of temporarily using a mountainous district without reporting and the selection of a sentence for imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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