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(영문) 춘천지방법원 2020.01.30 2019고단960
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Nevertheless, the Defendant, without permission from the Minister of the Korea Forest Service from April 2015 to June 2017, converted a total of 1,442 square meters (amount of damage KRW 25,621,310) over four occasions, as shown in the attached list of crimes, by removing 956 square meters in Gangwon-do, Gangwon-do, B 956 square meters, C57 square meters in size, and D 429 square meters in size, and by inserting them into a insertion.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of actual condition survey report, location map, current status map, survey result map, a detailed statement for calculating the amount of damage, an on-site photographer of damaged area, a forestry register, full certificate of registered matters, and a written confirmation of land use

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shows the attitude that the defendant recognized his/her own crime and reflected his/her crime, and the fact that the defendant has no record of the same crime is favorable to the defendant.

However, the defendant has diverted the mountainous district without permission over several times, and the area of the mountainous district is not much, and the exclusive mountainous district is not entirely restored to the original state, which is disadvantageous to the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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