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(영문) 제주지방법원 2018.04.18 2017고단2005
산지관리법위반
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, the Defendant from the end of March 2017 to the same year.

4. By the end, a mountainous district was diverted by cutting down miscellaneous trees, etc. in a forest by using a scrails, etc. and organizing the ground through flating operations with the aim of creating a camping site in Jeju-si B and C forest land (around 397 square meters) and 1,312 square meters (around 397 square meters) without permission from the Administrator of the Forestry Administration, etc., and by forming aggregate snow and cement roads (a 3.68 meters in width and 43.30 meters in length), and converting mountainous districts into mountainous districts, such as changing the form

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site map, forest damaged area map, and detailed statement of calculation of damaged amount;

1. A land register, a certified copy of cadastral map, and a certificate of land use plan;

1. Each investigation report (on-site and confirmation of offenders and preserved mountainous districts);

1. Application of on-site photographs 11 copies, airlines of 2013, 17 September 2015, 2015

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Mountainous Districts Management Act regarding criminal facts: Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017; the instant crime was committed in the previous act or by the statutory penalty of the new law is more than the statutory penalty of the former Act; thus, the new law is applied in accordance with Article 1(2) of the Criminal Act, since the statutory penalty of the former Act is less than that of the former Act.

1. Imprisonment with prison labor and a fine concurrently;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, taking into account the circumstances favorable to the defendant among the reasons for the following sentencing)

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order requires strict punishment for the illegal mountainous district conversion in order to preserve the beautiful natural environment of Jeju-do and to bring it to descendants, and the area of the illegal mountainous district of this case is not much significant.

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