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(영문) 광주지방법원 2017.10.20 2017고단3253
산지관리법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person shall divert or temporarily use a mountainous district without obtaining permission to divert or temporarily use a mountainous district from the competent administrative agency.

From October 2016 to November 201, 2016, the Defendant, without permission to convert a mountainous district, opened a road with an average of at least 4m or 11m from 10 square meters to 7,156m square meters under the pretext of maintaining access roads using digging machines, etc. in the forest of ten lots, including the Southern-gun E, the Defendant used mountainous district to temporarily use the mountainous district on the area of 7,156m square meters, and used the mountainous district on the area of 16,305m square meters to construct temples with respect to the Nam-gun, the Defendant used the mountainous district on the area of 16,305m square meters, including cutting and cutting standing trees, to build temples with respect to the Nam-gun, the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear the statement of a suspect in charge of the Massung Military Office in relation to the statement of a suspect), investigation report (to hear the statement of a person in charge of the Massung Military

1. Article 53 Subparag. 2 of the relevant Act and Article 15-2 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 201); Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); each

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, etc., shall be determined as ordered in light of the following circumstances.

A favorable circumstances: The defendant is led to confession, and is against himself.

The defendant owns Nam-dong E.

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