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(영문) 창원지방법원 진주지원 2016.06.21 2016고단376

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From February 29, 2016 to March 2, 2016, the Defendant converted the use of mountainous districts to convert the form and quality of mountainous districts by changing the shape and quality of mountainous districts through cutting bucks, banking, flating work, etc., in order to create 2,210 square meters of forest land of 110,409 square meters in Gyeong-gun, Gyeongnam-gun, Busan, a mountainous district, as a medicinal field, from around February 29, 2016 to around March 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, a location map of forest damage, information on forest geographical maps, photophones, forest land register, certificate of land use plan, real estate lease contract, and Acts and subordinate statutes of an order for restoration for diversion of illegal mountainous districts;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the same Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, upon completion of the restoration of illegal pre-uses, the Defendant was regularly inspected by the competent authority on June 8, 2016, which was the date of the instant indictment, on which the Defendant received an inspection of completion of restoration from the competent authority on June 8, 2016, and the Defendant did not have the same power, and the Defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime, and other circumstances constituting the conditions for sentencing indicated in the record, such as the circumstances after