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(영문) 전주지방법원 정읍지원 2018.04.18 2017고합67
산지관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Control and Aggravated Punishment of Environmental Offenses, etc. shall alter the form and quality of land in a park area without obtaining permission from the park management agency;

Nevertheless, on July 2017, the Defendant, without obtaining permission from the Park Management Office, was a national park zone on a district for the use of a national park in a national park. The Defendant opened a road after cutting down land on approximately 1,581 square meters in North Korea-gun C, D, E, and F, a natural environment district in a park, and changed the form and quality of land by digging out 50 glus, such as pine trees.

2. No person who violates the management of a mountainous district shall divert the mountainous district without obtaining permission for change from the head of the relevant forest;

Nevertheless, the Defendant, without obtaining permission for the diversion of mountainous districts from around March 2013 to March 2017, installed a land amounting to approximately KRW 5,595 square meters in the Ma, F, C, D, and G located in North Korea, and performed the diversion of mountainous districts by installing a work route and facilities to cut the area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of the I (Supplement of Accusation);

1. Application of Acts and subordinate statutes to the accusation site, national park zone, and environment protection area confirmation letter, location map, trees, damage site photographs, trees survey records, forest register, survey records, actual survey records, and investigation reports (request for damage to national parks);

1. Relevant Article 4(2) of the Act on the Control and Aggravated Punishment of Specific Crimes, Article 23(1)3 of the Natural Park Act (in cases of changing the form and quality of land without permission), Article 6 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the total sum of the long-term punishments of two crimes above the punishment prescribed by the Act on the Control and Aggravated Punishment of Environmental Offenses, etc. with heavy penalty);

1. Article 53 of the Criminal Act for the mitigation of small amount;

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