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(영문) 춘천지방법원 2017.02.03 2016고합111
특정범죄가중처벌등에관한법률위반(산림)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 fell standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest.

Nevertheless, the defendant from February 15, 2014 to the same year.

4. By around 30.30, the Hongcheon-gun C cut the total amount of KRW 12,075,520 and KRW 406 of the market price planted in a place other than the area permitted to be cut due to authorization of the forest management plan by Hongcheon-gun C, Gangwon-do, without obtaining permission of the number of Hongcheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the approval of plans for the restoration of illegally owned forest land, such as a survey report on actual condition, location map, illegal deforestation zone map, afforestation zone map, afforestation zone map, full certificate of real estate, all registered matters, certification standards for the adjustment of the market price of other articles in 2016, standards for the calculation of afforestation expenses, official documents for approval of a forest management plan and permitted area for deforestation, investigation report (based on the amount of damage by type), contract for the sale of standing trees, application for approval of restoration design, and approval of plans for the restoration of illegally owned forest land;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Application of the sentencing criteria: No separate sentencing criteria shall be set;

3. That the Defendant, without permission, has cut standing timber and without permission, and that a forest is unable to recover if it is damaged, or requires a long time to reinstate the original state, is disadvantageous to the Defendant.

However, the fact that the defendant is recognized to commit the crime and is against the law.

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