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(영문) 청주지방법원 2018.05.30 2018고단119
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

When a person intends to divert a mountainous district, he/she shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district

The Defendant, from January 2015 to May 201 of the same year, converted the form and quality of a mountainous district to convert it into a mountainous district without obtaining permission for the diversion of the mountainous district, for the purpose of constructing a new sanction against the 3,638 square meters of a preserved mountainous district, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Location map and cadastral map of the area where illegal forest is damaged;

1. Statement for calculating the amount of forest damage;

1. A certificate for each registered matter;

1. Surveyed ground plan;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

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

1. Six months of imprisonment for which sentence is suspended;

1. Circumstances unfavorable to the reasons for sentencing under Article 59(1) of the Suspension of Pronouncement of Sentence: The sentence against the defendant shall be suspended by comprehensively taking into account the following circumstances: the defendant's age, sex, environment, motive, means, and consequence of the crime; the size of the damaged forest area is larger favorable to that of the damaged forest area; the defendant appears to have damaged the preserved forest area as a consequence of confusion with the forest area permitted to convert the mountainous district; the defendant voluntarily surrendered the crime by submitting a written statement to the Matsan-gun Office; the defendant was the first offender; the defendant completed restoration of the damaged forest; the defendant did not have any profit from the crime of this case; and the defendant did not have any profit

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