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(영문) 제주지방법원 2020.08.14 2020고단1227
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

On March 20, 2020, the Defendant, without obtaining permission from the competent authority, destroyed 3,130 square meters of land by means of flating work, such as removing miscellaneous trees and dump mounds from 3,324 square meters of forest land B, Jeju-si, a quasi-Preservation Mountainous District, which is a quasi-Preservation Mountainous District, and 3,130 square meters of land, and converted the use of mountainous districts to KRW 20,809,000 for restoration expenses.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the special judicial police officer;

1. Each investigation report on the preparation of the Special Judicial Police Officers (including the area of forest damaged and the calculation of restoration expenses, and attaching documents or images (including attached documents) of each item;

1. Each report (including attached documents) on internal investigation by the Special Judicial Police Preparation (attached documents, such as a land register and cadastral map, a land use planning institute, etc. / On-site confirmation) or images (including attached documents);

1. Entry of illegal mountainous district damage and danger-finding forests in preparation of the Jeju market;

1. A description of a report on suspicion of illegal forest damage (including attached documents) in preparation of Chapter C;

1. Application of each of the visual Acts and subordinate statutes to a photograph ledger;

1. Article 53 of the relevant Act on Criminal facts and the latter part of subparagraph 1 of Article 53 of the Mountainous Districts Management Act which selects punishment and Article 14 (1) of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. 【The grounds for sentencing under Article 62-2 of the Probation Criminal Act 【The scope of the sentencing sentence under the law】 One month or three years from one month to eight years from the sentence of sentence】 The area of the forest damaged by the instant crime is wide, the Defendant was sentenced by the Jeju District Court on July 10, 2019 to one year from the suspended sentence on July 18, 2019, for violating the Fraudulent Subsidy Management Act, and the said judgment became final and conclusive on July 18, 2019. The Defendant, without being aware of, was subject to the suspended sentence of the said judgment.

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