logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.01.16 2018고단1289
산지관리법위반
Text

Defendant shall be punished by imprisonment for six months and by a fine of seven thousand won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, the Defendant did not obtain permission from the competent authority for conversion of a mountainous district from January 1, 2017 to the 25th day of the same month, and had the head of the mountainous district consisting of KRW 3,53,00 for damage recovery expenses by removing miscellaneous trees and grass that grow naturally from 720 square meters of 764 cubic meters of pora, B, Jeju, a quasi-preserved mountainous district, using heavy equipment, such as scrails, from among 764 cubic meters of scrails, and destroying slopes of slopes, etc., and then changing the form and quality of the mountainous district to cover KRW 3,53,00 for damage recovery expenses by spreading two dump trucks.

Summary of Evidence

1. Defendant's legal statement;

1. A forest survey report and a actual survey report;

1. Each land cadastre;

1. Each photographic register;

1. Report of investigation (specific damaged area);

1. A statement on calculation of the damaged amount;

1. Application of statutes on site photographs;

1. Article 53 subparag. 1 of the Act on the Punishment of Mountainous Districts and the main sentence of Article 14(1) of the Management of Mountainous Districts Act (other than preserved mountainous districts): The Management of Mountainous Districts Act was amended by Act No. 14361, Dec. 2, 2016; and was enforced June 3, 2017. The instant crime was committed inasmuch as the statutory penalty of the former Act is smaller than that of the former Act, the new Act is applied under Article 1(2) of the Criminal Act, and both imprisonment and fine are imposed concurrently.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (it shall be taken into consideration that imprisonment with prison labor has no criminal records of the same kind, that it is against the fact that it has no criminal records, and that it is endeavoring to restore the original state

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow