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(영문) 전주지방법원 남원지원 2015.02.17 2014고단280

산지관리법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around August 2014, the Defendant violated the Management of Mountainous Districts Act, without obtaining permission to divert a mountainous district from the Namwon-si, and converted the form and quality of a forest into a total of 1,238 square meters, including a total of 748 square meters in size B, C286 square meters in size, and D area 204 square meters in size, for the purpose of clearing.

2. On August 2014, the Defendant violated the Creation and Management of Forest Resources Act, cut standing timber, which was brought up within the Southern City B, without obtaining permission to cut standing timber from the Southern City, and was cut off by 15.50 cubic meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual survey report, on-site photographs, and on-site survey maps;

1. Particulars of calculation of damages;

1. Reporting on results of local business trips;

1. Application of Acts and subordinate statutes concerning consultation on conversion of a mountainous district;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, the selection of penalties, and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the fact that the reason for sentencing under Article 75(2) and Article 75(1) of the Creation and Management of Additional Collection Forest Resources Act (hereinafter “The instant crime”), a certain area where the form and quality was unlawfully altered due to the instant crime, and the Defendant had a record of punishment for the same kind of crime, it is necessary to punish the

However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognized his mistake and reflects his mistake, the fact that the change of form and quality has restored to the original state, and other various sentencing conditions shown in the proceedings of the present case, such as the age, character and conduct of the defendant,