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(영문) 의정부지방법원 2016.01.26 2015고단2279
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of a forest or a Mayor/Do Governor or the head of a Si/Gun/Gu office according to the classification of the types, areas, etc. of the mountainous district according to the classification

Nevertheless, from October 2014 to November 2014, the Defendant converted the use of 11,601 square meters in total for the purpose of planting landscape trees and crops in Gyeonggi-gun B, C, D, E, and F with no permission from the number of Ycheon-gun, Gyeonggi-gun, and C, D, E, and F, by raising 1,601 square meters in total for planting landscape trees and crops.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office;

Nevertheless, the Defendant cut 363 standing trees, such as new trees in a forest with a total area of 3,063 square meters within 3,063 square meters in Gyeonggi-gun, Gyeonggi-do, and D, which is indicated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer with respect to G and H;

1. Current status of the diversion of each illegal mountainous district, report on size of illegal mountainous district, satellite photographs, and on-site photographs;

1. Application of Acts and subordinate statutes to the ledger of forest land, certificate of land use plan, accumulation of forest trees;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment Act (unauthorized mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the reasoning for the protection and observation of protection and the sentencing of Article 62-2 of the Social Service Order Act, the area of the unlawfully-used mountainous district in the instant case is wide, and the number of weak standing timber water is not required to be completely restored, as well as the complete restoration of the original state, the Defendant shall be selected to imprisonment.

However, the defendant is in particular in the last 15 years.

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