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(영문) 창원지방법원 마산지원 2017.05.23 2017고단339
국토의계획및이용에관한법률위반등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities from a competent administrative agency, and shall not divert a mountainous district without permission from the head of a forest office, etc.

From June 2016 to July 2016, the Defendant cut a forest with a length of 170 meters, width of 1.7m to 3.5m, height of 1.0m to 1.4m and 4m from the lower end of the cut forest, and cut a forest with a length of 170m, 1.0m to 1.6m, height of 1.0m to 1.6m to 1.6m from 1.6m, and 4m to 4m to 4m to 7.5m (C, D, E, and F) with a width of 4m from 4.5m to 5m, and with a total of 1m to 15m and 40m to 1m to 1m from 40m to 4m from 5m to 1.5m from 5m to 4m to 4m to 5m, and without permission to engage in development activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A survey report on actual conditions and a statement on calculation of the amount of damage;

1. Application of the location map, forestry map, slope distribution map, aerial photography, current status map, and applicable Acts and subordinate statutes to each field photograph;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 (a) of the same Act (a point of an unauthorized development act) concerning the facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act (a point of an unauthorized mountainous district diversion);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: the Defendant, at the Changwon District Court on July 7, 2012, was punished by a violation of the Act on the Management and Reclamation of Public Waters and the same court on July 13, 2016, was punished by a fine for a violation of the National Land Planning and Utilization Act.

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