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(영문) 제주지방법원 2016.06.08 2016고단554
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 became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority.

On October 2015, the Defendant: (a) removed miscellaneous trees from the ground using a digging machine without obtaining permission from the competent authority for the purpose of cultivating bean for the purpose of cultivating bean; (b) laid off the ground by cutting off the ground; and (c) diverted a mountainous district of 2,039 square meters in the aggregate on the south side of the said forest and fields to convert the forest into a mountainous district of 2,039 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a investigation report (land register and land use plan register), investigation report (report, including green areas in parks and areas damaged by the first time for calculation), investigation report (reports on areas excluded from damage and the area damaged by the last time), investigation report (report on the telephone call of Poke Articles), investigation report (Listening to autonomous police phone statement), investigation report (verification of the form of C Forest land in 2015), and investigation report (verification of the form of 2015 forest land);

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Imprisonment with prison labor under Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1);

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The circumstances that are favorable to the reasons for sentencing: The fact that even if the cutting of miscellaneous trees and the cutting of land for the purpose of bean cultivation were carried out for the purpose of preserving the environment of Jeju Special Self-Governing Province, a serious punishment is required for the illegal diversion of mountainous districts for the purpose of preserving the environment of Jeju Special Self-Governing Province; and on June 13, 1983, it was sentenced by the Jeju District Court to a fine of KRW 700,000 as a violation of the Forestry Act on the ground of the violation of the Forestry Act.

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