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(영문) 창원지방법원 진주지원 2018.10.26 2018고단982
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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. by setting the purpose thereof.

1. Nevertheless, on March 2015, the Defendant converted the use of mountainous districts into mountainous districts by changing the form and quality of mountainous districts to damage approximately 4,789 square meters by using the excavation season without obtaining permission from the competent authorities for the purpose of creating farmland for the planting of ASEAN, Hadong-gun, Si, D, and E, which is a quasi-permanent conservation mountainous district.

2. Nevertheless, on February 2018, the Defendant changed the form and quality of a mountainous district by using a digging hole with the purpose of creating farmland for planting fruit trees, without obtaining permission from the competent authority, and changing the form and quality of a mountainous district to another place, where the Defendant diverted approximately 4,543 square meters of a mountainous district to another place as indicated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Location map;

1. Application of statutes on field photographs;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are as follows: (a) in the instant case, the removal of standing timber located in a quasi-preserved mountainous district by digging out the ground, etc.; and (b) the alteration of the form and quality of a mountainous district in the form of an orchard by cutting earth and cutting earth on earth and changing it into the form of an orchard is more than 9,332 square meters in the damaged area.

The defendant completed recovery;

However, according to on-site photographs, large trees are created in the vicinity, but only small seedlings are planted at the scene of the crime, and the sexually cut zone is changed and restored to its original state.

subsection (b) of this section.

It seems that there will be a number of years for small seedlings to be grow.

We take into account the facts that the defendant did not have the same record in good faith.

In addition, in consideration of all the sentencing conditions as shown in the pleadings of this case, such as the defendant's age, sex, environment, background, means and result of this case, the circumstances after the crime, etc., the punishment as ordered.

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