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(영문) 창원지방법원 통영지원 2017.04.26 2016고단1848
산지관리법위반
Text

A defendant shall be punished by imprisonment for six 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

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, size, etc. of the mountainous district prescribed by the Ordinance of Tong and Tong.

Nevertheless, on March 2016, the Defendant: (a) removed miscellaneous trees from the place without obtaining permission to construct mushroom farming facilities in B forest and field B; and (b) changed the form and quality of the mountainous district so that the amount of KRW 30,858,920 for restoration expenses would be equal to KRW 30,85,920 for the use of equipment, such as cream, etc. to remove miscellaneous trees from the place; and (c) after embling soil, he converted the forest into the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. A full statement of the calculation of restoration expenses, a certificate of registered matters (the currently in force), and a certified copy of a forestry map;

1. Application of the integrated system of theme map, current status photograph, and Acts and subordinate statutes accepting a report on temporary use of a mountainous district at the time of macro-market;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to be against the defendant, the fact that an application for approval of mountainous district restoration design is deemed to have been submitted at the time of his/her jurisdiction for reinstatement to the original state, the defendant's size of mountainous district converted without permission, the size of mountainous district converted by him/her, the defendant's age, sex, criminal conduct, environment, motive and circumstance of the crime, etc., shall be comprehensively taken into account, and the punishment as set forth in the order shall be

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