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(영문) 대전지방법원 논산지원 2015.04.28 2014고단122
산림자원의조성및관리에관한법률위반
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

1. On October 2012, the Defendant: (a) had another person in the victim E-owned forest owned by Chungcheongnam-gun, Chungcheongnam-do, 200,000 won in a market value of KRW 2,00,000; and (b) cut off the 50g of the 14-year scrobl-type tree.

2. A person who intends to mine forest products in a forest shall obtain permission from the competent authority, but the Defendant, without obtaining permission from the competent authority, extracted from the forest land owned by E in Chungcheongnam-gun, Y, 50glue-type trees, and 544glue-type trees from the forest land owned by two persons, other than G in F, and the forest land owned by two persons.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statements made by witnesses H, E, and I in the third protocol of the trial;

1. Statement made by the witness J in the fourth trial records;

1. Examination protocol of the accused by prosecution;

1. The police statement of K or L;

1. A location map, current status map, field photograph, basis for calculating the amount of damage from illegal forest damage, afforestation ledger, picture of grass beer project in 200, survey report on young trees in 201, copy of the results of cadastral survey, satellite photograph;

1. Application of investigation reports (field photographs) Acts and subordinate statutes prepared by the police;

1. Relevant Article on criminal facts, Article 73(1) of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), Articles 74(1)3 and 36(1) of the former Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014); and each choice of imprisonment with labor

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in a violation of the Creation and Management of Forest Resources Act due to the cutting of heavy standing timber);

3. Article 62 (1) of the Criminal Act;

4. The Forest Resources Act is a forest product related to a crime under Article 74(1)3 of the former Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014).

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