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(영문) 제주지방법원 2016.08.17 2016고단715
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

A person who temporarily uses a mountainous district for cultivating landscape trees, etc., the Defendant did not report the fact to the competent authority, but did not temporarily use a mountainous district on April 2013 through November 2015, by planting 7, 3, 3, 3, 2, 2, 2, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, etc. of 80 square meters of forest land located in Jeju-si from around April 2013 to around November 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on criminal intelligence, a report on violations of the Management of Mountainous Districts Act, and a register of photographs;

1. Investigation reports (on-site inspections and investigations by the first reporter);

1. Cadastral map photographs, aeronautical photographs, NAVo-distance beauty photographs, and field photographs;

1. Investigation report (report on the land register and the land use planning personnel);

1. A report on investigation (a search report at the C office);

1. Statement of the police statement and investigation report regarding D (Attachment of DNA submitted data);

1. Investigation report (verification of suspect's substitute site, and verification of the species and size of trees planted without permission, the amount of damage, etc.), detailed statement of calculation of the amount of damage, drawings of damaged area, application of statutes on site photographs;

1. Relevant legal provisions and the choice of punishment concerning facts constituting the crime: Imprisonment with prison labor under Articles 55 subparagraph 2 and 15-2 (2) 4 of the Mountainous Districts Management Act;

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

Normal circumstances with favorable reasons for sentencing: A relatively small size of damage: A relatively small size of damage; a relatively unfavorable condition: 8 times before the same criminal records and : (i) a fine of 30,000 won for the Jeju District Court that violated the Forestry Act on August 29, 197; (ii) a fine of 50,000 won for the Jeju District Court that violated the Forestry Act on May 3, 198; (iii) a fine of 50,000 won for the Jeju District Court that violated the Grassland Act on December 29, 1995; (iv) a fine of 3 million won for the Jeju District Court that violated the Forestry Act on August 16, 2005; and (v) a suspended sentence of 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on April 11, 2007; and (vii) a fine of 100,000 won for the Creation and Management of Forest Resources Act;

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