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(영문) 제주지방법원 2015.05.29 2014고단1842
초지법위반
Text

A defendant shall be punished by imprisonment for not less than five 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 the grassland created pursuant to the Grassland Act as a farmland cultivation site, etc. shall obtain permission from the competent authority, and when he/she intends to divert the grassland for which 25 years have passed since the creation of grassland was completed, he/she shall report it to the competent

Nevertheless, on July 10, 2014, from around the same month to the 27th day of the same month, the Defendant diverted the use of grassland by using a track with an area equivalent to a total of 348,600 square meters of a total of 10 parcels of land listed in the following crime inundation table, such as Seopo-si B, etc., on a total of 10 parcels of land, including Seopo-si, Seopo-si, etc., and planting a tomb to the lower end.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A copy of the development register of grassland and a full certificate of registered matters;

1. Undeveloped photographs of the development of grassland;

1. The application of investigation reports (report on the date of completion of creation of grassland, etc.) statutes;

1. Relevant legal provisions concerning criminal facts, Articles 30 and 23 (2) and (3) of the Grassland Act that choose a sentence, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be determined as per Disposition in consideration of the following circumstances.

The favorable circumstances: The fact of crime, the fact that it seems to be recognized, the effort for restoration to the original state is made, and there is no record of punishment or punishment heavier than the fine: The unauthorized or unauthorized diversion area is very wide to 348,600 square meters: The age, character and behavior, environment, circumstances before and after the crime, etc. of the defendant

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