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(영문) 춘천지방법원 2014.11.20 2014고정484
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a farmer who resides in Chuncheon City C and is a landowner of the same lot number.

In order to divert mountainous districts, any person obtained permission from the competent authority. However, the Defendant, a state forest under the jurisdiction of the Korea Forest Service, converted the damaged area of 1,460 square meters into the same mountainous district into the same mountainous district on February 14, 2014, when he/she works using the digging gear on the part of the Defendant, a state forest under the jurisdiction of the Korea Forest Service, into the same mountainous district without permission.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Reporting on the status of forest damage;

1. Application of statutes on the forestry register;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (a grace period: a fine of KRW 2,00,000, and a fine of KRW 100,000 per day for detention in a workhouse) of the suspended sentence is against the instant crime; (b) there is no record of criminal punishment until the day of punishment except for punishment once for a crime of this type; (c) the mountainous district unlawfully used was restored to the original state; and (d) considering various circumstances such as the Defendant’s age, the sentence of sentence against the Defendant shall be suspended because the Defendant’s general conditions are significant.

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