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(영문) 대전지방법원 홍성지원 2016.04.25 2016고단33
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district by creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, and other similar mountain paths shall report to the head of the forest office, etc. However, on October 2012, the Defendant temporarily used a mountainous district of approximately KRW 7,164 square meters by opening a fluoring fluor by using a fluoring season, etc. without reporting to the competent authority in Bogi-si around 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes on the actual survey report and each investigation report;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 (2) 7 and 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, the selection of imprisonment;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The illegal use of the damaged mountainous district is not small since it is against the mistake, the damaged forest is deemed to have been restored, and there is a record of punishment several times due to the crime of this species (three times of suspended execution, etc.).

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