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(영문) 수원지방법원 여주지원 2017.03.31 2016고단1542
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, in order to create farmland around May 2010, the Defendant used the forest equivalent to 2,030 square meters in total, including 1,560 square meters of B forest land and 470 square meters of C forest land, in order to use the forest as farmland without obtaining permission from the competent authority, by cutting and stopping the forest and using it as farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A written accusation;

1. Application of statutes on site photographs of illegally damaged mountainous districts, and aviation drawings of illegally damaged mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order is that the defendant will restore the damaged mountainous district to its original state when he/she committed the instant crime in a net order.

The fact that there is no record of punishment for the same kind of crime or a fine or heavier punishment for the defendant, etc. shall be considered as favorable to the defendant, and the defendant shall be determined as ordered by taking into comprehensive account the motive and background leading up to the damage of the mountainous district, the area of the damaged mountainous district, the age, sex, environment, circumstances after the crime, etc.

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