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(영문) 창원지방법원 거창지원 2017.10.27 2017고단253

산지관리법위반

Text

A defendant shall be punished by imprisonment for four 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

Any person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose, and shall obtain permission to divert a mountainous district even where he/she intends to change permitted matters.

Nevertheless, on November 21, 2016, the Defendant diverted the forest without obtaining permission to divert the forest into mountainous districts by cutting and raising the forest land of 18,165 square meters by sclick-gun, the competent administrative authority, in the forest located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, in a manner of cutting and raising the forest of 18,165 square meters into sc

Summary of Evidence

1. Statement by the defendant in court;

1. C's factual confirmation;

1. Notification of an order for recovery of an illegal mountainous district, a survey report on actual conditions, and the register of forest land;

1. Application of the provisions of Chapter five Acts and subordinate statutes to the location and district map of land damaged by forests, on-site photographs;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant has no record of punishment for the same kind of crime before, and most of the damages have been recovered as restoration work has been completed, and it will not be re-offending in the future;

The circumstances favorable to the defendant, such as the fact that the defendant was committed.