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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2017.05.19 2016고정807
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 2015, the Defendant converted mountainous districts into mountainous districts for the amount of KRW 371,00,000 for expenses incurred in restoring mountainous districts, such as using one monet monet, laid laid underground, flat, and aggregate booming, without obtaining permission from the competent authority, in the area of 82 square meters (hereinafter “the instant forest”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. On-site inspection photographs of forests damaged area, photographs of illegal forest damage, aerial photography, aerial photography map, aerial photography and field photographs of illegal mountainous district before illegal mountainous district, details of calculation of the amount of forest damage, forest ledger, forest land map, field inspection photographs of forests damaged area, drawings of location, aerial photography and illegal mountainous district;

1. The application of Acts and subordinate statutes of each investigation report (hereinafter referred to as 10,16) monthly;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the amount of converted penalty shall be KRW 100,000 per day);

1. Determination as to the assertion by the defendant or his defense counsel under Article 59 (1) of the Criminal Act (the postponement of the above sentence in consideration of the fact that the defendant has no criminal record of the same kind, that the defendant appears to have implemented the original restoration order of the forest of this case, and that there are many circumstances to consider the circumstances leading to this case) of the suspended sentence

1. The Defendant’s act of the gist of the assertion is an act performed with the aim of preventing naturally formed multiples from passing water in flood time. This is an act that does not violate social rules and thus constitutes a justifiable act under Article 20 of the Criminal Act.

2. In conclusion, the "act that does not violate the social norms" refers to the act that can be accepted in light of the overall legal order or the social ethics or social norms in its hinterland, and any act that is defined in Article 20 of the Criminal Act.

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