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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고정146
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district in order to cultivate wild vegetables, etc. to photographs which are not state forests shall report to the Mayor, etc.

Nevertheless, on March 22, 2017, the Defendant cut standing timber for the purpose of cultivating mountain products, etc. from forest land 2,119 square meters located in Gangseo-si D and E on March 22, 2017 without reporting the temporary use of mountainous districts to the Gangnam-si City Mayor, and minated the floor surface by using a digging gun.

The defendant was temporarily using a mountainous district without reporting the temporary use of the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a location map, an aerial photography, a site for each item survey, and a ledger of respective forests and fields;

1. Application of Acts and subordinate statutes on site photographs;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Suspension of sentence (type and quantity of the suspended sentence: fine of one million won, and the period of confinement for replacement: 10 million won): Article 59(1) of the Criminal Act (no criminal record of reflectivity, the same kind of power or suspension of qualifications) (no criminal record of any other criminal record, and the criminal intent to commit the instant crime is weak;

It is evaluated that the circumstances of the violation of this case and the situation of the violation of this case are about 20 days, etc.

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