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(영문) 창원지방법원 진주지원 2016.09.28 2016고단706
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant did not obtain permission for the number of Cheongnam-gun, Busan-gun from December 2, 2012 to February 2, 2013, the Defendant converted the use of mountainous districts by creating a 15,408 square meters in total, including 11,335 square meters, among 8,073 square meters of forest land in the Gyeongnam-gun, Busan-gun, Busan-do, and Gyeongnam-do, and 29,731 square meters of C forest land, and a 15,408 square meters in total, from among 29,731 square meters of forest land, into a chill and an orchard.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each special case in D and E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a written confirmation of land use plan, such as the location map of forest damaged areas, forest geographic information, photo-ROMs, certified copies of each forestry map, each forest register;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of 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. The Defendant alleged that he did not know that his act was in violation of the law at the time of the instant crime. However, even according to the Defendant’s assertion, it does not purport that the Defendant had a false perception that his act was permissible by the law, or that there was a justifiable reason for a false perception. The mere site of the Act does not affect the establishment of the instant crime and the punishment of the instant crime.

In light of the fact that the defendant's reason for sentencing is considerable in the area of the mountainous district exclusively used without permission and that the defendant has diverted mountainous district for the purpose of economic benefits, etc., the defendant's liability is not less than the defendant's crime, but the defendant's violation of his/her own crime, the defendant seems to faithfully implement restoration from his/her original state according to the restoration order of the competent authority, and the fact that the defendant has no same criminal history and no criminal history of punishment has no same kind of punishment, etc., shall be considered as favorable circumstances for the defendant, and the defendant's age and sexual behavior, etc. shall be considered as a favorable condition for the defendant.

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