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(영문) 창원지방법원 거창지원 2016.07.13 2016고단168
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

A person who intends to temporarily use a mountainous district shall report to the head of a forest for a mountainous district in a state forest, and to the head of a Si/Gun/Gu for a forest other than a national forest.

Nevertheless, on September 2015, the Defendant reported to the head of Gohap-gun, the competent administrative agency, and used mountainous districts for temporary use without permission by making a flat work on a mountainous district of approximately 5,107 square meters in size with a fluor, etc. for the purpose of planting lost trees and withering with dead trees, etc. in mountainous districts located in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 55 subparagraph 2 of the Act and the former part of Article 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that the defendant has no record of punishment for the same crime, and the defendant has restored the mountainous district damaged by the crime of this case to its original state, etc.);

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