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(영문) 전주지방법원 남원지원 2016.09.27 2016고단91
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, from November 26, 2015 to December 3, 2012 of the same year, the Defendant, without obtaining permission from the head of the Namwon-si, was engaged in conversion of mountainous districts to use mountainous districts of 6,890 square meters in mountainous districts B in dry-si, Namwon-si as dry field by performing coal work and changing the form and quality of the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the actual survey report, the location map of illegally damaged areas of forests, the photographs of illegal forests prior to their damage, the current status of the survey of illegally damaged areas of forests, and the provisions of the Acts and subordinate statutes governing illegally damaged areas of forests;

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;

1. It is a large amount of damage caused by the investigative agency to KRW 30,000,00,000, which is considerably wide area of the diversion of mountainous district for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, and the Defendant was clearly aware that it should obtain permission to divert mountainous district, but the crime of this case was committed, and the Defendant submitted a photograph of planting trees during the investigation process and again performed the act of diverting mountainous district again is disadvantageous.

However, the defendant recognizes the crime of this case and reflects the fact that the defendant completed the restoration of the original state according to his own name, circumstances favorable to the fact that there is no criminal record exceeding the same criminal record or fine, and the conditions of all other sentencing shall be considered comprehensively, and the punishment shall be determined like the order.

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