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(영문) 춘천지방법원 영월지원 2017.04.28 2017고단31
산지관리법위반
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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 becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

Nevertheless, on June 2015, the Defendant cut earth and sand without obtaining permission from the head of the Forest Administration, etc., and installed containers and mobile toilets, etc. that the Defendant can use the excavation cutting machine to use as residential areas, etc., and converted mountainous districts into mountainous districts for the amount of KRW 3,642,00 for restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Location map;

1. A report on the calculation of damages;

1. Application of Acts and subordinate statutes to the forest ledger and forestry map;

1. Article 53 subparagraph 1 of the relevant 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, and the selection of imprisonment with prison labor;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are as follows: (a) the favorable circumstances that the Defendant recognized the instant crime; (b) the size of the forest damaged by the Defendant is not significant; and (c) the unfavorable circumstances that the Defendant did not restore to its original state to its original state; and (d) the Defendant’s age, sex and environment; (b) the motive, background, means, methods, and consequences leading to the instant crime; and (c) all the other factors of sentencing as set forth in the instant records

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