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(영문) 수원지방법원 2016.10.07 2016고단3764
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, without obtaining permission for development activities and permission for mountainous district conversion, cut standing timber in the area of 4,710 square meters among the forest and fields B and C, which is the 4,710 square meters of land and cut land and performed development activities for converting mountainous districts and changing the form and quality thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Application of each of the visual Acts and subordinate statutes of aerial photographys and field photographs;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized conversion of a mountainous district), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and the main sentence of Article 56 (1) 2 (a) of the National Land Planning and Utilization Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence under Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing) takes into account the following circumstances: (a) the area of the land which cut the grounds for sentencing is large and the degree of damage is so severe that it is impossible to restore the land to its original state; (b) the Defendant has no record of being sentenced to a suspended sentence or heavier; (c) the Defendant has led to a confession of the crime; and (d) the land which cut the cut to be restored to its original state, taking into account the favorable circumstances, such as the Defendant’s age, character and conduct, motive for the crime, and

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