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(영문) 대구지방법원 상주지원 2015.12.17 2015고합60
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. [2015 Height60] - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forest) and Mountainous Districts Management Act

(a) 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 head of a Si/Gun/Gu or the head of a regional

Nevertheless, the Defendant, without obtaining permission from the competent authority on June 20, 2015, cut 138 square meters of standing trees in the area of 15,491 square meters of land among the C forest land in Dongdaemun-si and damaged the forest.

(b) Any person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 2015, committed an act of converting mountainous districts into mountainous districts without permission by using the digging season, etc. in the area of 30,155 square meters among C Forest land in the Gyeong-si, Si, Seogyeong-si.

2. [2015 Height61] - A person who intends to engage in development activities that alter the form and quality of land violating the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor

Nevertheless, the Defendant, without obtaining permission from the competent authority from July 5, 2015 to July 20, 2015, cut and filled the land using three bitrails in the Sin-si C Forest and D B, and changed the form and quality of approximately 18,300 square meters among the above C Forest and C Forest and approximately 750 square meters among the above D B forest without permission.

Summary of Evidence

[2015Gohap60]

1. Defendant's legal statement;

1. Examination of suspect prepared by special judicial police officers against the accused;

1. Examination protocol prepared by special judicial police officers in relation to E;

1. Statement prepared by the special judicial police officer with respect to F;

1. Criminal report, actual situation investigation report, investigation report (execution of a warrant of search, seizure and verification of the damaged land and calculation of the scale of damage), investigation report and evidence.

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