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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3254
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

A person who intends to temporarily use a mountainous district shall report to the head of a Si/Gun/Gu on a mountainous district in a forest which is not a state forest, and a person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by

On April 2017, the Defendant: (a) around 2017, in a forest located in Nam-gu, Chungcheongnam-gu; (b) around September 2018, in a forest located in Nam-gu, Nam-gu; (c) without filing a report with the Mayor of Yananan-si; (d) created a work route by using pokes, etc.; and (e) around September 2018, in a forest located in the above area, the Defendant damaged the above forest to cover KRW 67,444,00,00 for the cost of restoring the mountainous district on a site of 3,417 square meters in total by using pokes, etc.,

Accordingly, the defendant temporarily used the mountainous district without reporting the temporary use of the mountainous district to the Yanananan City Mayor, and converted the mountainous district without obtaining permission to divert the mountainous district in the Yananan

Summary of Evidence

1. Application of Acts and subordinate statutes to the recognition report, location map, airline margin, current status of illegal mountainous district, damaged amount computation report, forest land register of the defendant's partial statement by witness;

1. Relevant Article 53 subparagraph 1 of the Act and Articles 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment; Article 55 subparagraph 2 of the Mountainous Districts Management Act and the former part of Article 15-2 of the Mountainous Districts Management Act; and the selection of imprisonment, respectively, with labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although the reason for sentencing of Article 62(1) of the Criminal Act is considerable, the restoration has been completed.

The punishment shall be determined as ordered by taking into account the fact that there is no record of punishment for the same kind of crime, and all other circumstances that constitute the conditions for sentencing, such as the age, sex, environment, and conditions before and after the crime.

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