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(영문) 서울중앙지방법원 2017.04.27 2016고단9484
산지관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, on February 2016, extracted night trees and other active trees, etc. without obtaining permission from the competent authority, and converted the use of mountainous districts, such as gathering soil and rocks, in order to flat work.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The application of the actual survey report, location map, current state map of damage, the current state map of damage to the forest by geographic information on the forest, the explanation map of the forest damage, the register and forestry map of forests damaged by the forest, the standard amount table for calculating recovery expenses, the current state photograph of forest damage Acts and subordinate statutes

1. Article 53 subparagraph 1 of the relevant Act and 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 sentencing of Article 62(1) of the suspended sentence under the Criminal Act appears to have been created as farmland by the Defendant under the ice temporarily using a mountainous district for night cultivation and management. The Defendant’s forest damage area used without the permission of the competent authority is 15,369 square meters and has a large amount of damage, and the Defendant’s commission of the crime causes a large number of damage to nearby residents of farmland, such as the outflow of earth and sand due to the Defendant’s commission of the crime, and the increase in the risk of landslide, etc. However, there are unfavorable circumstances, such as the Defendant’s recognition of the crime and reflects the crime; the Defendant appears not to have unlawfully diverted the mountainous district to obtain development gains; the restoration of the mountainous district is deemed to have been conducted in accordance with the Defendant’s restoration plan; the Defendant’s age and age, the Defendant’s character, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of the sentencing as indicated in the instant pleadings, shall be sentenced to the same sentence as the order.

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