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(영문) 제주지방법원 2015.11.18 2015고단1370
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, from June 4, 2015 to November 1, 201 of the same month, the Defendant removed miscellaneous trees, etc., which were born at the same place using equipment, such as digging machines, etc., from the Jeju City, for the purpose of creating a horse embankment without obtaining permission from the competent authority, from among the forests and fields in Jeju City, from the Jeju City, and converted mountainous districts to use 22,578,000 won for recovering damage.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on-site verification report), on-site photographs;

1. Investigation report (verification report of the forest register, etc.), forest land register, and forestry map;

1. A copy of a document describing the occurrence of offenses in a forest;

1. A criminal investigation report (the second on-site verification report), on-site photographs;

1. The actual survey report and on-site photographs;

1. Investigation report (report on the calculation details of forest damaged areas and damaged amount), forest damaged areas, and the statement of calculation of damaged amount;

1. Investigation report (the third on-site verification and the report of witness verification), on-site photographs;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes notifying investigation results;

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for facts constituting a crime: subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Miscellaneous timbering and land flating, even if there is no previous reason: a serious penalty is required for illegal diversion of a mountainous district for the sake of preserving the environment of Jeju Special Self-Governing Province; the area of illegal diversion of a mountainous district in this case is equal to 5,210 square meters; and the Defendant committed illegal diversion of a mountainous district with E (the purchase of land in this case on March 12, 2015), among co-owners of the land in this case, together with one person E (the purchase of land in this case), (see a certified copy of the land register and evidence attached to the trial record).

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