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(영문) 대구지방법원 김천지원 2016.04.20 2015고단1616

산지관리법위반

Text

A defendant shall be punished by imprisonment for four 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. From October 2014 to April 2015, the Defendant created a site for planting c, C, D, E, and F in total 11,010 square meters of 11,010 square meters between Kimcheon-si, Kimcheon-si and around April 2015, the Defendant diverted standing timber without obtaining permission for mountainous district conversion, and cut and flating work.

2. On the date and time indicated in paragraph 1, the Defendant, without reporting the temporary use of a mountainous district in the aggregate of 805 square meters of G-E owned by G, created the I upper part of H in Kimcheon-si and the work route connecting B and C (around 3.5 meters of width and approximately 230 meters of length) to connect B and C, thereby temporarily using a mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to survey reports, photographs, damaged area, and damaged area drawings;

1. Articles 53 subparagraph 1 and 14 (1) (a point of exclusive use of a mountainous district without permission), subparagraph 2 of Article 55 and Article 15-2 (2) 7 (a point of temporary use of a mountainous district without reporting) of the Management of the relevant Mountainous Districts 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 sentence of imprisonment is to be imposed in consideration of the fact that the area of the mountainous district exclusively used by the defendant without permission is very large to 11,010 square meters for the reason of sentencing under Article 62(1) of the Criminal Act, and that the restoration to its original state has not been carried out until now. However, the sentence is to be suspended by taking into account the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided and that there are some circumstances to take into account in the process of the crime of this case, such as the defendant's age and sexual behavior, and other various sentencing conditions as shown in the records of this case and the theory of changes, and thus, the execution of the above imprisonment is to be suspended.