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(영문) 대구지방법원 상주지원 2020.07.29 2020고합20
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. A person who intends to cut standing timber and extract or gather forest products within a forest that violates the Act on the Aggravated Punishment, etc. of Specific Crimes shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun

Nevertheless, from March 19, 2019 to April 2019, the Defendant cut standing timber in a forest with a total of 54,519 square meters of 54,519 square meters in a place of residence, B, C, and D, etc. without obtaining permission from the competent market.

Accordingly, the Defendant damaged a forest of 50,000 square meters or more.

2. A person who intends to temporarily use a forest road to develop forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report the mountainous districts of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu for mountainous districts of forests which are not state forests;

Nevertheless, the Defendant temporarily used approximately KRW 2,184 square meters in quasi-preserved mountainous districts by creating a b,184 square meters in a permanent city B without reporting to the competent Mayor residing in the lower police officer from March 19, 2019 to April 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the E and F in the police interrogation protocol of the accused;

1. The application of Acts and subordinate statutes and the data attached thereto (No. 4 through 9 No. 13) and a survey report on the actual situation;

1. Article 9 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74 (2) 2, Article 36 (1) of the Creation and Management of Forest Resources Act (referring to cutting of standing trees without permission, including cutting of standing trees), subparagraph 2 of Article 55 and the former part of Article 15-2 (2) of the former Mountainous Districts Management Act (amended by Act No. 16710, Dec. 3, 2019);

1. Selection of imprisonment with prison labor for a violation of the Management of Mountainous Districts Act selected to impose punishment;

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