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(영문) 광주지방법원 목포지원 2018.10.22 2018고단557
산지관리법위반
Text

A defendant shall be punished by imprisonment for four 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

Any person who intends to divert a mountainous district shall obtain permission to divert a mountainous district from the competent administrative agency by determining the purpose thereof.

Nevertheless, from around December 2, 2016 to February 2, 2017, the Defendant destroyed the forest of Kakao tree and developed it into dry field without obtaining permission for the diversion of Mamp-gun’s mountainous district from approximately 8,350 square meters in the south-gun B, C, and D, and without obtaining permission for the diversion of Mamp-gun’s mountainous district from around 8,350 square meters.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Land use planning confirmation personnel;

1. Application of Acts and subordinate statutes to investigation reports (Notification of Restoration Orders Issued by Suspect A due to Damage to Illegal Forests);

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;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered as follows) was damaged and the area of mountainous district converted by the Defendant was widened, but the error was seriously reflected and faithfully restored to its original state.

In full view of all such circumstances as above and the Defendant’s age, sex, career, home environment, motive and means of the crime, and circumstances constituting the sentencing conditions as shown in the instant pleadings, the sentence as ordered shall be determined.

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