logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.01.14 2015고단877
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 became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority to determine its use.

Nevertheless, the Defendant illegally diverted the mountainous district without permission from around November 201 to April 9, 2015 in the following manner: (a) on the same day without permission to convert the mountainous district, the Defendant used a 1,250 square meters of C forest land in Jin-si, Jin-si, Man-si with one bitle, and used it as farmland in the same manner; and (b) on the basis of the attached list of crimes in the same manner, the Defendant unlawfully diverted the mountainous district without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to the actual survey report, each satellite photograph, the current status of illegally destroyed and damaged parts, the actual survey drawings, the calculation protocol of mountainous district recovery expenses, estimates, the forest register, the certified copy of forest land map, and the forestry map;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant cultivated land owned by another person without the landowner’s consent and created forest land as a farmland arable area without permission; the total area of the leased land without permission is larger than 2,620 square meters; and the Defendant did not restore the site for illegal transfer to the original state by the closing date of pleadings in the instant case. The Defendant committed the instant crime against the aged farmer; the Defendant committed the instant crime in order to cause the aged farmer’s death; and the degree of damage to the damaged land is not significant in light of the restoration expenses, etc., that is favorable to the

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

arrow