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(영문) 광주지방법원 해남지원 2016.11.24 2016고단386
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in the aggregate extraction business, had a person who is in charge of the aggregate extraction business, created a mountainous district of 2,400 square meters and D 580 square meters in Nam-do, Jeonnam-do, which was permitted to convert a mountainous district, free of charge, and used earth and rocks

From the beginning of November 2015 to December 6, 2015, the Defendant, without obtaining permission from the competent authority, diverted the use of mountainous districts without permission by cutting and raising the area from mountainous districts of 4,650 square meters in the total area of Do-gun, Do-gun, 170 square meters and E 480 square meters in a mountainous district of 4,650 square meters outside the said mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accuser and B written statement;

1. Application of Acts and subordinate statutes on contracts, the current status of temporary conversion of G illegal conversion, photographs for mountainous districts, the quantity of earth and stone collected and removed, the forest land register, the consultation protocol on conversion

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 imprisonment for criminal facts;

1. The reason forest for sentencing under Article 62(1) of the Criminal Act under the suspended execution requires considerable effort and time even if restoration is practically impossible or restoration is performed once, so it is necessary to strictly punish the defendant in light of the fact that the damaged act requires strict warning, the area of the forest and field damaged by the defendant, etc. However, it is necessary to strictly punish the defendant in light of the fact that the defendant reflects the defendant, there is no history of punishment for the same kind of crime, restoration of the illegally damaged area, and other factors of sentencing such as the defendant's age, environment, motive and background of the crime, circumstances after the crime, etc.

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