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(영문) 대전지방법원 서산지원 2015.03.12 2014고단1235

산지관리법위반

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

From December 2, 2013 to April 2014, the Defendant destroyed 590 bits owned by the Defendant without obtaining permission for mountainous district conversion in order to use forests as farmland on the land outside B and six lots outside Jin-si, and damaged 1 bits owned by the Defendant and bitle 1, and converted a mountainous district without permission for mountainous district conversion by performing ground adjustment work on an area equal to approximately 3,742 square meters of land.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, the location map of illegal damaged area, satellite photographs, photographs of the current status of illegal damaged area, and survey maps of the current status;

1. Application of land cadastre statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant used the mountainous district owned by another person without obtaining permission even though he/she had been punished for the same crime in 2010, and that the area of the mountainous district exclusively used by the defendant is larger than 3,742 square meters, which is disadvantageous to the defendant. The fact that the defendant completed restitution is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.