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(영문) 창원지방법원 거창지원 2018.10.24 2018고단207

산지관리법위반

Text

A defendant shall be punished by imprisonment for six 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

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, the Defendant: (a) obtained the initial permission to convert a mountainous district for the purpose of constructing a single house or opening a private road; and (b) obtained the permission from the competent authorities, and used the mountainous district to convert the mountainous district into the mountainous district on January 1, 2018, with the forest land located in 8,221 square meters outside Gohap-gun B and 3, Gyeongnam-gun, and without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of one copy of a topographical map, one old map, one on-site investigation, one business trip name, one on-site photographer, four copies of all registered matters, four copies of all registered matters, and one on-site document related to restoration order, respectively; and

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Mountainous Districts Act concerning the facts constituting an offense, and the selection of punishment by imprisonment;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The elements of sentencing unfavorable to the reason for sentencing under Article 62(1) of the Criminal Act, including the wide area of the mountainous district exclusively used by the defendant: The defendant acknowledges and reflects his/her mistake, the defendant's primary crime, and the defendant's unlawful diversion was restored to its original state thereafter: Comprehensively considering various circumstances that are the sentencing as shown in the records and the theory of changes, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and