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(영문) 제주지방법원 2017.10.18 2017고단1419
산지관리법위반
Text

Defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission for the Jeju City Mayor by determining the purpose thereof.

Nevertheless, from March 2013 to May 6, 2017, the Defendant converted the use of mountainous districts, such as cutting down miscellaneous trees, etc. in forests and fields and changing the form and quality of mountainous districts by using scrakes, etc. without permission of the Jeju market for the purpose of constructing a detached house in approximately 880 square meters (26 square meters) out of 1,653 square meters of forest land B in Jeju-si from March 2013 to May 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of field photographs, Jeju spatial information system, the following maps, and the NAV map;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of form change at the Jeju City B, on-site investigation and by year, area damaged by forests, and calculation of amount damaged);

1. Relevant Article 53 subparagraph 1 of the 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 (the punishment of imprisonment and a fine shall be concurrently imposed);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) and (2)

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to preserve the beautiful environment of Jeju Special Self-Governing Province for the sentencing of the order of provisional payment, and thus, it is necessary to strictly punish the illegal mountainous district for the illegal mountainous district conversion to the next hand. In light of the fact that the area of the illegal mountainous district of this case is not less than 880 square meters, a sentence equivalent thereto is required for the defendant.

However, the execution of the sentence is to be suspended in consideration of the violation of the law, the fact that there is no record of the same crime, and the completion of the restoration of the original state, etc.

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