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(영문) 대구지방법원 2021.01.26 2019고단5469
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purposes of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest trails, or other similar mountain paths shall report to the head of a Si/Gun/Gu.

Nevertheless, on February 2019, the Defendant temporarily used a mountainous district of approximately KRW 1,879 square meters in a way that expands existing mountain paths or prepares a new mountain path by cutting, embankinging, embankinging, or shot work without reporting in Youngcheon-si B or C, which is a preserved mountainous district, or by creating a new mountain path.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the investigation documents on the actual state of the defendant's statement, photographs, calculation details of damage amount, transfer of the scene, and land utilization plan confirmation in the first trial records;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 and 15-2 (2) 7 of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense (elective of imprisonment);

1. The fact that the area of the mountainous district damaged by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution reaches 1,879 square meters is an unfavorable sentencing factor. The confession and reflect of the crime, and the fact that the damaged mountainous district is trying to restore the damaged mountainous district to its original state shall be considered as an advantageous sentencing factor. In addition, the Defendant’s punishment against the Defendant shall be determined by comprehensively taking into account all the sentencing factors indicated in the instant pleadings, including the background leading up to the instant crime, the ownership of the land surrounding the relevant mountainous district, the degree of awareness of illegality, the Defendant’s age, sexual behavior

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