(영문) 광주지방법원순천지원 2020.11.25 2020고단2080

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원순천지원 2020.11.25 2020고단2080

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a forest due to work, etc. shall report mountainous districts of state forests to the Minister of the Korea Forest Service and the head of a Si/Gun/Gu.

Nevertheless, on May 2020, the Defendant did not report the temporary use of a mountainous district to the Administrator of the Korea Forest Service and the head of Si/Gun, respectively, and opened and temporarily used a mountainous district using approximately 2,567 square meters in total, including, but not limited to, 2,567 square meters in the area of mountainous district in Da, Da, E, etc., Jeonnam-gun, the mountainous district of the State forest, which is a mountainous district in Do,

Summary of Evidence

1. Defendant's legal statement;

1. On-site location map (1), on-site surveys, and photographs of forest damage;

1. Application of Acts and subordinate statutes to four copies of land use planning confirmation personnel, and entire certificate of registered matters;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (4) 7 of the Management of Mountainous Districts Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the area of the mountainous district damaged by the defendant when opening a place of work reaches 2,657 square meters, and the fact that the defendant completed the restoration order after receiving the restoration order shall be considered as an unfavorable sentencing factor. In addition, the defendant shall be determined by comprehensively taking into account all the sentencing factors indicated in the arguments of the instant case, including the background leading up to the instant crime, ownership of the land surrounding the relevant mountainous district, degree of awareness of illegality, degree of awareness of illegality, the defendant’s age, character and conduct, criminal records (the defendant has no record of being punished for the same crime, nor has the record

참조조문

-산지관리법 제15조의2 제4항 제7호

-산지관리법 제55조 제2호

-형법 제62조 제1항

유사 판례

-광주지방법원 순천지원 2015.11.13 2015고정777

-창원지방법원 2019.06.12 2018고단3208

-광주지방법원 목포지원 2014.05.30 2014고정182

-대전지방법원 논산지원 2015.06.05 2015고정42

-전주지방법원 2019.11.13 2019고단1132