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(영문) 제주지방법원 2017.09.13 2017고단1355
산지관리법위반
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission for the Jeju City Mayor by determining the purpose thereof.

Nevertheless, from March 13, 2017 to March 16, 2017, the Defendant converted the use of mountainous districts, such as cutting down miscellaneous trees, etc. in forests and fields and changing the form and quality of mountainous districts by using c,135 square meters from Jeju-si, B forest No. 20,571 square meters ( around 950 square meters) for planting smuggling trees, without permission from the Jeju-si market, for the purpose of planting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Each investigation report (on-site inspections, confirmation of lease contracts, reporting on the confirmation of land registers and cadastral land use planning sources, current status of diversion of mountainous districts, and calculation of recovery expenses);

1. Application of the Acts and subordinate statutes to photographs by capturing on the spot;

1. Relevant Article 53 subparagraph 1 of the Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense (the punishment of imprisonment and a fine shall be concurrently imposed);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) and (2)

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to preserve the beautiful environment of Jeju Special Self-Governing Province for the sentencing of the order of provisional payment, and thus, it is necessary to strictly punish the illegal mountainous district for the illegal mountainous district conversion to hand over to the descendants. In light of the fact that the area of the illegal mountainous district of this case is not less than 3,135 square meters, the defendant needs to make a sentence corresponding thereto.

However, the execution of the sentence is to be suspended in consideration of the violation of the law, the fact that the defendant has no record of the same crime, and is working to restore the original to the original state, etc.

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