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(영문) 제주지방법원 2015.08.24 2015고단970
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 became final and conclusive.

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, from May 9, 2015 to the 17th day of the same month, the Defendant removed miscellaneous trees, etc. developed from the Jeju City market, which is the competent authority, using equipment such as scrails, etc. to create farmland subject to permission for the diversion of a mountainous district from the Jeju City from May 9, 2015 to the 6,920 square meters of the forest in Jeju City, from the Jeju City, using equipment such as scrailss, and converted the use of mountainous districts to cover damage recovery costs of KRW 29,989,00.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, photographs, and satellite photographs;

1. Land cadastre, a certified copy of cadastral map, and land use confirmation personnel;

1. Application of investigation reports (specific description, etc. of damaged area), detailed statement of damaged amount, and forest damage area also shall be applicable to statutes;

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for criminal facts: Article 53 subparagraph 1 of the same Act and the main sentence of Article 14 (1) of the same Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The reason for sentencing is the completion of restoration ( August 13, 2015) to the original state, and there is no previous conviction in the same kind.

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