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(영문) 대전지방법원 서산지원 2018.07.11 2018고단473
산지관리법위반
Text

Defendant shall be punished by imprisonment for six months and by a fine for 5,00,000 won.

The defendant does not pay the above fine.

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, from the end of November 2017 to the beginning of December 2017 of the same year, the Defendant, without obtaining permission from the head of the forest office, etc., cut down c, Seosan-si, Seosan-si, 1,514 square meters of a quasi-preserveded mountain, and let cream officers cut down the standards tree and miscellaneous trees in the relevant area and cut down the ground in a balanced manner. On March 2018, the Defendant converted the use of mountainous districts by cutting down the standards tree and miscellaneous trees in a place where cream was used directly by the Defendant at the same place and cutting down the cream and miscellaneous trees and making the ground smooth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a survey report on actual conditions (including the part attached to the current status photograph, etc.);

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

1. Imprisonment with prison labor and a fine concurrently;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, taking into account the circumstances favorable to the defendant among the reasons for the following sentencing)

1. In sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the mountainous district conversion area is not significant, the fact that the mountainous district conversion area is not restored to its original state is an unfavorable element, and the defendant has no same criminal record, and the fact that he reflects the fact is favorable.

In addition, in consideration of the defendant's age, sex, health status, family relationship, means and result of the crime, the circumstances after the crime, etc., various sentencing conditions as shown in the arguments in this case shall be determined as ordered.

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