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(영문) 대전지방법원 2019.02.12 2018고단2120
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. for the specified use thereof, and a person who intends to lumber standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on May 2017, cut approximately 241 gym, approximately 19 gym, and approximately 79 gyms of fyms using the cyms of fyms in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul. At around that time, the Defendant opened a forest road with concrete packaging in part of the above land, and diverted the forest road with approximately 295,082,000 myms of fyms and fyms of 15,310 square meters for forest recovery costs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14(1) of the same Act on criminal facts; Article 74(2)2 of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017); Article 36(1) of the same Act on the Establishment and Management of Forest Resources; and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances.

Unpermitted circumstances: The fact that the size of deforestation and felling of trees are significantly favorable: The confession is made while living together, the fact that the diverted mountainous district has been restored, and the fact that there is no previous conviction other than the fine.

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