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(영문) 제주지방법원 2016.01.13 2015고단581
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

No one shall divert a mountainous district without obtaining permission from the competent authority for conversion of a mountainous district.

Nevertheless, from October 2013 to February 2014, the Defendant: (a) cut and filled the ground by using scrails, etc. while performing the work of setting the embankments on the boundary of the nearby reservoir site without obtaining permission from the competent authority on the part 2,289 square meters of forest land in Jeju-si; and (b) from March 1, 2015 to around March 2, 2015, the Defendant converted the use of a mountainous district by removing miscellaneous trees that grow without obtaining permission from the competent authority on the part 1,232 square meters of the attached map among the same forest land from March 1, 2015; and (c) cutting or banking using equipment, such as scrails, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D, E, F, and G;

1. An investigation report (on-site verification report on the diversion of a mountainous district without permission), aerial photography, interview photographs, cadastral map photographs, and on-site photographs;

1. Land register and land use planning committee;

1. The actual survey report and photographs;

1. Investigation reports (matters permitted to cut standing timber and reporting on the calculation of damaged amount), requests for cooperation in investigation (verification of permitted matters for cutting standing timber and diversion of mountainous districts), meetings of matters requested for cooperation in investigation, details of calculation of damaged amount, and forest damaged areas shall also be governed by statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Each mountainous district management Act shall be subject to imprisonment with prison labor under subparagraph 1 of Article 53 and the main sentence of Article 14 (1);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The act of converting the mountainous district into mountainous district in the part where the reasons for sentencing are indicated in the attached drawing(b) was performed by the Defendant on behalf of part of the access road construction work that was ordered and progress by the road management business office at the time of around October 2013 (the work of putting the embankment on the boundary of the adjacent reservoir). This degree of degree is even if the road management business office is proceeding with the above work.

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