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(영문) 광주지방법원 해남지원 2016.11.03 2016고단253

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. for the specified use thereof, and a person who intends to lumber standing timber in a forest shall obtain permission from the competent authority.

1. From February 2016 to March 3, 2016, the Defendant, without permission from the competent authority, cut the access road to the land from 1,206 square meters in the area of the land located in the west-gun, Namnam-gun, Namnam-gun, and cut the trees, such as twit trees, on the land outside C, and cut the land from 32,100 square meters on the land.

2. Around May 2014, the Defendant cut land from 240 square meters of land as a cream in the area of cream (240 square meters) in the area of cream (Seoul Gun, Namnam Gun, and cut off the area to divert the area. On March 3, 2015, the Defendant cut trees, including 12 glus, on the ground, on the ground.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each police statement of the E, F, and G;

1. A survey report on actual conditions and a forest survey report;

1. The location map, each forestry map, forestry cadastral map, forestry cadastral map, copies of survey, field photographs, and field photographs;

1. Application of Acts and subordinate statutes to an investigation report ( listening to F Telephone statement), internal investigation report (including confirmation of the victim's accompanying site, confirmation of the matters for which approval of a forest management plan related to this case is applied, attachment to the forestry register and satellite photographs, attachment to a boom tree assessment report, documents attached thereto, photographs,

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution requires a strict warning of the damaged act, as it requires considerable effort and time, even if restoration is impossible or restoration is conducted once.