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(영문) 수원지방법원 여주지원 2017.03.22 2017고단42
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, in order to create farmland around March 20, 2014, the Defendant: (a) extracted miscellaneous trees from approximately 1,400 square meters of forest land in Gyeonggi-si B without obtaining permission from the competent authority; and (b) changed the form and quality of the farmland to divert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A certified copy of the relevant mountainous district illegally damaged map, forestry map, forest register, and land use plan confirmation;

1. On-site photographs of illegally damaged mountainous districts, and aerial photographys of unlawfully damaged mountainous districts;

1. Application of the Acts and subordinate statutes on the written accusation;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is to sentence the same sentence as the order in consideration of the details and size of damage to the mountainous district of this case, the criminal records of defendants, etc.

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