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(영문) 전주지방법원 군산지원 2016.02.19 2015고정527
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant opened a work log using a digging machine on a forest of 190 square meters among the above Gunsan-si C without reporting the temporary use of a mountainous district, and temporarily used a mountainous district to have the amount equivalent to 3,178,000 won for restoration expenses, without reporting the temporary use of a mountainous district to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, the location map of forest damaged areas, the current status map of forest damaged areas, field photographs, the calculation report of recovery expenses exclusive for mountainous districts, the ledger of forests and fields, and the statutes of the land use planning agency;

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense and Articles 15-2 and 15-2 (2) of the Management of the Mountainous Districts which are the option of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act (Article 59(1) has no history of criminal punishment in the past; Article 59(1) has occurred in the course of maintaining a memorial cemetery; the defendant recognizes and reflects all of the crimes; the defendant appears to have been restored to the original state by endeavoring to restore the original state; taking into account the defendant's age, sexual behavior, environment, motive and background of the crime; circumstances after the crime

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