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(영문) 대구지방법원 상주지원 2017.01.24 2016고단471

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

From July 15, 2016 to August 20, 2016, the Defendant changed the form and quality of mountainous districts by cutting, banking, etc. approximately KRW 5,964 square meters in total in mountainous districts using two mined seasons to adjust the surrounding areas and create access roads without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on forest damage activities, a survey report on actual condition, a location map of damaged areas, a survey map of damaged areas, an on-site photograph of damaged areas, and the application of statutes;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognizes and reflects the crime, the fact that the restoration to the original state has been completed, and the first offender who has no record of criminal punishment);