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(영문) 창원지방법원 통영지원 2015.11.11 2015고단629
산지관리법위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

Although a person who intends to convert a mountainous district has obtained permission from the Minister of the Korea Forest Service, etc., the Defendant used excavation devices to illegally convert the mountainous district into KRW 30,41,950,00 for the purpose of opening access roads on a total of 2,547 square meters of 31,348 square meters, D 18 square meters, E 188 square meters, E 1,01 square meters, etc. in early June 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Location map, forest land register, confirmation of land use plan, actual survey report, and order for restoration of illegally converted mountainous districts;

1. Application of each statute on photographs;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act and the selection of imprisonment for criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for suspended sentence - Unfavorable circumstances: It is necessary to strictly punish a forest in light of the fact that the area of the converted mountainous district is not small without permission, and that the forest requires considerable time and effort to restore the forest to its original state or to restore the forest if its damage occurs

(k) favorable circumstances: The sentencing conditions of Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime of this case, shall be determined in consideration of the fact that the damaged mountainous district has been restored to the original state, such as planting trees, and has undergone a completion inspection, and that there are other circumstances to some extent considered in the motive or circumstances of the crime of this case.

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