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(영문) 춘천지방법원 영월지원 2017.01.10 2016고단324
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant cut standing timber in Pyeongtaek-gun, Pyeongtaek Changwon, which caused forest damage equivalent to approximately KRW 52,497,00,00 by without permission, unlike the matters permitted by Pyeongtaek-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, location map of damaged land, comprehensive certificate of real estate, gps area map, calculation report of expenses for recovery of damaged land, and current status drawings for reference;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 and 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the wide area of the mountainous district damaged by the instant crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the damaged mountainous district does not seem to have been restored, and the fact that it is against the law;

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