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(영문) 춘천지방법원 영월지원 2013.05.14 2013고단66
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

A person who intends to fell, etc. standing timber in a forest shall obtain permission from the competent authority, and a person who intends to temporarily use standing timber by creating a forest road, work road, forest product transport road, etc. shall report it to the competent authority.

Nevertheless, from October 201 to November 15, 201 of the same year, the Defendant cut 245 copies of 70 scam trees, etc. using equipment, such as pokes, in order to extract scam trees planted therein from forest land located in Pyeongtaek-gun, Gangwon-gun, and extracted 70 scams from the 5,366 m2 of the above forest land to perform the same work.

Accordingly, the defendant cut standing timber without obtaining permission from the competent authorities, and temporarily used mountainous districts without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A survey report on actual conditions, current status of forest illegality, field photographs, forest register, certified copy of forest land use plan, and written confirmation of land use plan;

1. Application of Acts and subordinate statutes on a criminal investigation report (additional confirmation data);

1. Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act relating to facts constituting an offense, and Article 74 (1) 3, and Article 36 (1) of the Act on the Creation and Management of Forest Resources Eligible for the Selection of Punishment, Article 55 subparagraph 2, and Article 15-2 (2) of the Management of Mountainous Districts Act (the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of criminal punishment exceeding a fine imposed on the defendant, and the defendant is working for the restoration to the original state, such as filing an application for completion inspection with the Pyeongtaek-gun Office after restoration to the original state);

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