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(영문) 제주지방법원 2015.09.16 2015고단918

산지관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding twenty thousand won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, from April 24, 2014 to the 28th day of the same month, the Defendant removed miscellaneous trees, etc. developed therein using equipment such as scrails, etc. for the purpose of creating riding courses without obtaining permission from the competent authority, from among the forests and fields located in Jeju City from April 24, 2014 to the 4,890 square meters of the forest located in Jeju City, using equipment such as scrailss, etc., and converted the use of mountainous districts to cover KRW 21,191,00 of the cost of recovering damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition, on-site map, field photo, forest damaged area map, a calculation statement of damaged amount, land cadastre, and a certified copy of the cadastral map;

1. Investigation report (the telephone communications of F public officials);

1. A report on investigation (a confirmation of land partitioning);

1. Application of Acts and subordinate statutes to a investigation report (the receipt of a real estate sales contract or facsimile);

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for facts constituting a crime: subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: (a) under the circumstances unfavorable to the completion of restoration to the original state (by August 6, 2015): the cutting of miscellaneous trees, even if the land is in the name of flatization, it is necessary to severely punish illegal mountainous district conversion activities for the sake of preserving the environment of Jeju Special Self-Governing Province; (b) the illegal mountainous district area of this case is equal to 4,890 square meters; (c) the location of the land in this case; (d) the real estate purchaser’s purpose of purchasing the land in this case; (e) the timing of selling and selling, selling, buying and selling, land annexation and dividing; (e) the Defendant’s occupation and age