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(영문) 전주지방법원 정읍지원 2018.01.25 2017고단421
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the type, area, etc. of the mountainous district, and the same shall also apply where he/she intends to change permitted matters;

Nevertheless, on June 5, 2017, the Defendant, without obtaining permission to convert mountainous districts, converted the use of mountainous districts equivalent to 5,880 square meters in forests and fields, such as removing modry grass, etc. located therein, and making the bed easily by using the bed, and moving the bed, etc. in a balanced manner, without permission to convert mountainous districts.

2. No person who violates the Forest Protection Act shall fell standing timber or bamboo, gather or gather forest products, damage or withering standing timber, bamboo or forest products, or alter the form and quality of land, such as grazing livestock, etc., within a forest conservation zone;

Nevertheless, the defendant changed the form and quality of the above forest, which is a Class 1 reserved forest for the water source, at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of calculation of restoration expenses in a mountainous district;

1. The actual survey report and the actual survey map of the GPS;

1. Receiving reports on forest management plans, and applying Acts and subordinate statutes related to land use plans;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment (unauthorized Mountainous Districts) concerning criminal facts, Articles 54 (2) 1 and 9 (1) of the Forest Protection Act (a point of changing the form and quality of a forest conservation zone) of the same Act, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant is not less liable for recklessly damaging mountainous districts and standing timber in the forest conservation zone, and the damaged area is not small, etc., which are disadvantageous to the defendant, such as the condition for sentencing unfavorable to the defendant, the defendant's perception of committing a crime, and the defendant's planting of standing timber, etc.

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