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(영문) 광주지방법원 순천지원 2021.01.28 2020고단1038
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a site site site site site for gathering earth and rocks in two lots, such as Goung-gun D operated by B.

A person who intends to collect earth or stone in mountainous districts of a forest, other than a state forest, shall obtain permission from the competent administrative agency for collecting earth or stone, and the same shall also apply where he/she intends

In 2019, the Defendant collected soil and stones, other than 16,900 cubic meters, 31,552 cubic meters (a single size 1,557.6 square meters) from the Do Council members, from the Do Council members, without obtaining permission to alter the gathering of soil and stones from the Do Council members of Gosa-gun, Gos-gun.

Accordingly, the defendant collected earth and rocks without obtaining permission for change.

Summary of Evidence

1. Statement by the defendant in court;

1. A permit for gathering earth and stone;

1. Application of the provisions of the Act and subordinate statutes on land collection permission and the survey data for the purpose of illegally damaging land and gathering earth and rocks, the purpose of making a survey report, the current status report, and the additional survey data;

1. Relevant Article 54 subparagraph 4 of the Act and the main sentence of Article 25 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and selection of imprisonment;

1. The amount of earth and rocks extracted without permission for sentencing under Article 62(1) of the Criminal Act is very large, and the restoration to its original state has not yet been made.

On the other hand, however, the defendant did not have the same criminal record as the defendant, and the defendant obtained any benefit from the crime of this case as the field warden.

There is no obvious evidence to see.

The Defendant was exempted from the duty to recover part of the earth and stones after committing the crime.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.

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