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(영문) 춘천지방법원영월지원 2020.10.13 2020고단294
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Any person who intends to convert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, from around December 10, 2019 to January 9, 2020, the Defendant converted mountainous districts into mountainous districts by removing miscellaneous trees from the 7,889 square meters of Gangwon-gun, Gangwon-do, Gangwon-do, the quasi-Preservation Mountainous Districts, and from the 2,016 square meters of C forest and fields, cutting and banking the ground, and conducting flat work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and accompanying documents;

1. Article 53 of the relevant Act and the latter part of Article 53 of the Mountainous Districts Management Act, the latter part of subparagraph 1 and Article 14 (1) of the same Act, the selection of imprisonment for crime

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to three years;

2. Determination of sentencing criteria (application of sentencing criteria) the Defendant diverted the use of mountainous districts in such a way as removing miscellaneous trees of forests and fields, which are quasi-preserved mountainous districts, and flat work.

It is reasonable that the damaged area is 9,905 square meters in total.

However, considering the fact that the defendant shows the form of crime and there is no record of punishment for the same kind of crime, the punishment shall be determined like the order, comprehensively taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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