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(영문) 제주지방법원 2020.08.21 2020고단1174

산지관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

피고인은 관할관청의 허가를 받지 아니한 채 2019. 11. 중순경부터 2020. 3. 중순경까지 보전산지인 제주시 B 임야 2,906㎡ 및 제주시 C 임야 6,734㎡ 중 2,812㎡에서 굴삭기 2대를 이용하여 자생하고 있던 입목과 가시넝쿨을 제거한 후 지면에 골재를 포설하고, 경사면 아래 부분을 굴착한 후 암석으로 메꾸는 방법으로 형질을 변경하였다.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the special judicial police officer;

1. Each internal investigation report (including attached documents) made by the Special Judicial Police Preparation: Each internal investigation report (including a report on the confirmation of form by year and report on the verification of whether a semi-permanent conservation and preserved mountainous district is preserved / a report on the verification of land cadastre / a report on the verification of the details of prevention of pine wilt diseases / a report on the verification of the application of the Mountainous Districts Management Act / On-site verification, on-site verification, on-site measurement of damaged areas

1. Entry of illegal mountainous district damage and danger-finding forests in preparation of the Jeju market;

1. Entry and video of reports on suspicion of illegal forest damage;

1. Application of each of the visual Acts and subordinate statutes to a photograph ledger;

1. Relevant Article 53 of the Act on Criminal Facts and the former part of Article 53 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act / 【Scope of the applicable sentences under the law】 One month to five years / 10 months / 10 months / 10 months / 2 years : each of the above forests damaged by the Defendant is a place of origin for public interest among preserved mountainous districts, and the circumstances that are favorable to the wide size of the forest damaged by the instant crime: the Defendant’s mistake is recognized and divided.