Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Gun;
Nevertheless, the defendant from February 26, 2017 to the same year.
3. By the end of 15.19, the sum of 2,219 pieces, 475 pieces, 531 pieces, 235 pieces, 3,640 pieces, 94 parts, and 125 pieces, total of 219 pieces, which are located in Gangwon-gun, Gangwon-gun, the head of the competent Gun, without the permission of the head of the competent Gun.
2. A person who intends to temporarily use a mountainous district in violation of the Management of Mountainous Districts shall report to the head of the forest office;
Nevertheless, the defendant did not report to the head of the forest and from February 26, 2017 to the same year.
3. From the date of May, 15, a forest land of 259 square meters located in Gangwon-gun D was created as an access road and was temporarily used for mountainous district.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. A written accusation;
1. Investigation reports (to attach data submitted by the managing office of state forests in the Young month) and data submitted by the managing office of state forests in the Young month;
1. A report on investigation (referring to submission of a corrective report on forest damage by a state forest management office) and documents related to the damage from national forests;
1. Calculation volume of unauthorized deforestation, the current status of forest damage areas, and estimates;
1. Application of statutes on site photographs;
1. Article 74(1)3 and Article 36(1) (unauthorized felling of standing timber) of the Act on the Creation and Management of Forest Resources According to the pertinent Act on criminal facts, as well as Article 55 Subparag. 2 and Article 15-2(2) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); and each decision to punish imprisonment, respectively;
1. The circumstances that the defendant recognized each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes; once the forest is damaged, it is difficult to restore it to its original condition or requires a long time; and the forest area is the number of wooden trees and damaged by the defendant without permission.