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(영문) 인천지방법원 2016.05.26 2015고단7765

산지관리법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, on August 9, 2014, the Defendant used approximately 326 square meters among 627 square meters in the Seo-gu Incheon Special Metropolitan City B forest area without obtaining permission from the head of the forest office, and cut and filled up the temporary buildings by using equipment such as booms, etc.

2. A person who intends to fell standing timber in a forest violating the Creation of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu, etc., as prescribed by Ordinance of the Ministry of Agriculture and Forestry;

Nevertheless, on August 9, 2014, the Defendant cut a number of standing timber in the process of converting mountainous districts into mountainous districts, such as Paragraph 1, without obtaining permission from the head of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of reference witnesses of the C preparation;

1. The application of Acts and subordinate statutes to photograph photographs of the accusation site, current status photograph, business trip name, and forest land before constructing a building;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (unauthorized mountainous districts) and 74 (1) 3, and 36 (1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act concerning the facts constituting an offense, 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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) is inconsistent with the unfavorable circumstances, such as the following: (a) the crime of this case is committed by reasonably preserving mountainous districts to promote the development of forestry and the enhancement of various public functions of forests; and (b) the purpose of the enactment of mountainous district management law, etc. to reasonably preserve national land is not less and less severe; (c) the Defendant has the power to be subject to criminal punishment on nine occasions; and (d) the fact that the entire reinstatement has