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(영문) 제주지방법원 2015.10.14 2015고단936
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of twenty thousand won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, on April 14, 2015, from around the same month to the 28th day of the same month, the Defendant removed miscellaneous trees, etc. cultivated therein using equipment, such as scrails, etc., for the purpose of creating farmland, etc. without obtaining permission from the competent authority, from among the forests and fields located in Seopo City C, from the head of Seopopo City from around April 14, 2015, and converted the use of mountainous districts by cutting or banking them.

Summary of Evidence

1. Defendant's legal statement;

1. A report of crime intelligence, on-site photographs, aerial photography, land cadastre, and a certified copy of cadastral map;

1. Investigation reports (on-site investigation reports) and site photographs;

1. A criminal investigation report (Attachment to public official statements, etc.), and a written statement D;

1. Result of survey of damaged area;

1. Application of Acts and subordinate statutes to notify results of investigations by violators of Mountainous Districts Management Act;

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for facts constituting a crime: subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

According to the documents submitted by the defendant on the trial date, it is recognized that the forest that the defendant purchased before 30 years from the name of his wife, and the fact that the defendant was in the process of granting permission for the former use of the forest was in progress.

However, in light of the fact that an illegal act of converting a mountainous district without prior permission cannot be subject to severe punishment, the area of the illegal mountainous district in this case is up to 5,935 square meters, and the Defendant sold the land in this case to Hoho, Co., Ltd. on June 22, 2015 for KRW 330,210,000, the Defendant had a purpose of land price increase.

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