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(영문) 전주지방법원 남원지원 2018.01.16 2017고단194

산지관리법위반

Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From December 2, 2016 to March 2017, the Defendant appears to be a clerical error in the facts charged of E, which is a mountainous district other than the Net Chang-gun and the preservation mountainous district, the preservation mountainous district.

In order to gather landscape trees, such as ball trees and fung trees without obtaining permission from the number of net Chang-guns in each area, the use of heavy equipment, such as polym trees, and the use of 4,583 square meters in the above D, which is a preserved mountain site, among the forest land, and the use of 943 square meters in the above E, which is a mountainous district other than a preserved mountainous district, was converted into the use of mountainous district by cutting and flatizing each area of 943 square meters in the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the actual survey report and all accompanying documents;

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The area of the mountainous district unlawfully used by the defendant is considerably wide, and its form and quality are also changed. The amount of damage caused by the defendant's act reaches KRW 80 million.

Therefore, it is inevitable to strictly punish this.

However, it should be taken into account the favorable circumstances, such as the fact that there was no history of criminal disposition against the defendant for the same crime, there was no history of criminal disposition within the last 15 years, and that the office of the Chang Chang Military Administration confirms that the defendant was restored to the original state with respect to the mountainous district unlawfully used.

However, it is difficult to evaluate the level of restoration of the original state by the defendant as a sufficient level.