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(영문) 제주지방법원 2016.10.26 2016고단1319
초지법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

If a person intends to divert grassland for any other purpose 25 years after the creation of grassland is completed, he/she shall report it to the head of the competent Si/Gun/Gu.

Nevertheless, on March 2015, the Defendant, without filing a report with the competent police authority on March 1980 and around around 1988, developed a grassland on two lots, such as Jeju-si, Jeju-si, and Jeju-do, which are developed as grassland, conducted land conversion by changing the form and quality of the grassland by employing a twitter for the purpose of creating farmland and removing the grass and making the land flat.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation of the Jeju market, E's statement, defendant's written confirmation, location map, field photograph, ledger of permission for the development of grassland, and all registered matters;

1. Relevant legal provisions and choice of punishment for facts constituting an offense: Articles 30 and 23 (3) of the Grassland Act;

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

Although the reason for sentencing is the defendant for the same offense and four times (including two times of suspended sentence), each of the instant lands has been owned by the defendant from around 1970, and even after 25 years have elapsed since the creation of grassland, it was possible to convert the use of grassland for crops cultivation to the competent authorities. After the instant crime, the land category has been changed after reporting to the competent authorities after the instant crime, and other circumstances such as the fact that the defendant is aged.

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