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(영문) 제주지방법원 2014.09.12 2014고단931

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, on April 28, 2014, the Defendant removed miscellaneous trees, etc. born without obtaining permission from the competent authority, in the area of 1,221 square meters of forest land located in Seopo-si, Seopo-si, Seopopopo-si, Seopo-si, and converted mountainous districts to cut or embling by using equipment, such as porara, etc.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning land cadastre, cadastral map certified copy, and mountainous district inquiry data;

1. Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: A sentence the same as the order shall be imposed in consideration of the aforementioned circumstances, such as the restoration of the mountainous district to its original state, reflects the fact that the area of the mountainous district is relatively broad, and there is no previous conviction for the same kind of crime;