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(영문) 대전지방법원 공주지원 2016.08.19 2016고단109
산지관리법위반
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 divert a mountainous district shall obtain permission from the competent authority to determine the purpose thereof.

Despite the fact that the Defendant did not obtain permission to convert mountainous districts, the Defendant used a small excavation machine to set livestock pens from January 2015 to December 2 of the same year in state forests located in public cities located in public cities located in public cities B, and diverted mountainous districts to divert damaged area to KRW 728 square meters, KRW 5,426,70 of restoration expenses, and KRW 728 of restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a map of the result of survey of damaged areas, a report on the calculation of expenses for restoring mountainous districts, and an investigation report;

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

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is inevitable to choose a sentence of imprisonment because the size of the mountainous district damaged by the instant crime with the reason of sentencing under Article 62-2 of the Social Service Order Act is not so big and its original state is not restored.

However, it shall be taken into account that the defendant is led to confession and reflect, and that there is no same kind of power.

In this context, the defendant's age, sex, family circumstances, circumstances of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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