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(영문) 전주지방법원 2018.12.13 2018고단758
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

A person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of the Gu or the head of the local forest office of the Special Self-Governing City, a Special Self-Governing Province, a Mayor/Gun/Gu, or the head of the local forest office, as prescribed by Ordinance

Nevertheless, the Defendant, in December 2014, laid down a total of 288 standing timber, such as uriwon trees, active trees, etc. with a total of 2,898,070 won at the market price, using electric saws, without permission from the number of complete owners in a forest located in the 4,423 square meters in the 4,00 square meters of a forest in the Donju-gun B, North Korea, North Korea, which was on the date of December 2014.

As a result, the defendant cut standing timber in a forest without obtaining permission for the number of complete owners.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Protocols of examination of witnesses D and E, other than the trial dates;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to confirm the permission for deforestation of private forests, such as a survey report on actual conditions, a location map, a photo tag, a report on the amount of damage, a report on calculating the

1. A prosecutor under Article 74(2)2 of the Creation and Management of Forest Resources Act on criminal facts was indicted by applying Article 74(1)3 of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017) (hereinafter “former Act”). However, the new Act amended by Act No. 14987, Oct. 31, 2017 (hereinafter “former Act”) deleted the said provision. The elements for establishing the same content are two years of imprisonment with prison labor for not more than five years, or by a fine not exceeding KRW 15 million, for not more than three years, or a fine not exceeding KRW 30,000,000,00,000,000,000 shall be deemed to be less than three years of imprisonment with prison labor or for a violation of the same Act’s penal provision, and thus, Article 24(1)3 of the Criminal Act shall apply at the time of trial in accordance with the new Act.

Article 36 Section 1

1. The defendant who is selected to be sentenced to imprisonment with prison labor;

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