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(영문) 광주지방법원 해남지원 2018.11.29 2018고단182

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall divert a mountainous district without obtaining permission for change.

However, on March 23, 2018, the Defendant, without obtaining permission for change in South-Namnam-gun C and D, removed trees on a mountainous district of area of 4,056 square meters and converted the use of land to a mountainous district for the purpose of cultivating ancient-gu fish farms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on results of a business trip and a survey report on actual conditions;

1. Restoration order of land which is illegally damaged by forests;

1. Application of Acts and subordinate statutes concerning approval of design plans for restoration, and guidance of approval of design plans for illegal forest damaged areas;

1. Article 54 subparagraph 1 of the relevant Act and Articles 54 and 14 (1) of the Preliminary Management Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The area of the mountainous district damaged by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is considerably wide.

On the other hand, however, the defendant recognized his mistake as a whole and is in profoundly against the defendant.

After the Defendant committed the instant crime, the Defendant completed restoration work on the mountainous district.

The defendant has no record of special crimes, in addition to those subject to a fine twice as a result of the crime of this species.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.