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(영문) 대전지방법원 2018.01.16 2017고단4246

산지관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant converted a mountainous district into a mountainous district without permission from May 2016 to June 26, 2017, by creating a site for a tomb by using a drilling machine without obtaining permission for the diversion of a mountainous district from Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and converting the use of a mountainous district into a mountainous district by engaging in flatizing the site equivalent to 3,015 square meters.

2. From May 2016 to June 26, 2017, the Defendant: (a) collected soil and stones, respectively, the sum of which is 113,170.37 cubic meters in size and 198,879.09 square meters in size and 198,00 square meters in total, from 85,70,708.71 cubic meters and D forest land; and (b) collected soil and stones, respectively, from Dasan-gun and Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, without obtaining permission for gathering earth and stones from Dasan-gun and D.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes on the forest register, such as a location map, actual survey map of the current status of burial grounds, site photographs, calculation report of damage amount, land and Gu application map, earth account statement, permission for mountainous district use, certificate of permission for mountainous district use, consultation on mountainous district use,

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Articles 53 and 14 (1) (unauthorized mountainous districts) concerning the facts constituting an offense, Article 53 subparagraph 3 of the Mountainous Districts Management Act, and Article 25 (1) subparagraph 2 of the main sentence of Article 25 (1) of the Mountainous Districts Management Act (the occupation of collecting unauthorized soil and stone), and the selection of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The liability for the crime in this case, based on the background of the crime in this case, the scale and method of diversion of mountainous district, the scale of extraction of soil and rocks, etc., is unfford. Even if the restoration to original state is completed, there is no effort to recover damage, such as the submission of design drawings for restoration, etc., and even if the restoration to original state is completed, there

(k) 0 favorable circumstances: A person who has no record of punishment otherwise, except for a person who has been punished five times by a fine due to a crime of this species, since the defendant led to his/her confession and reflects on the crime;

In light of the above circumstances, various sentencing conditions, including the defendant's age, occupation, family relation, sex, environment, and circumstances before and after the crime, are considered as a whole.