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(영문) 제주지방법원 2017.03.22 2016고단2876
산지관리법위반
Text

Defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who leases and uses forest land B and C at Jeju.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine its use, as prescribed by Presidential Decree.

Nevertheless, on July 2016, the Defendant, without obtaining permission from the competent authorities, destroyed the ground by removing miscellaneous trees and miscellaneous trees that grow in forests and fields using a dump gun for the purpose of creating a field site of construction materials across the mid-to-unders of the middle period, and by spreading aggregate of 15 tons of 4 dump trucks so that vehicles can dump, and damaged the forest with a total of 1,310 square meters of land by cutting and banking the ground.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A certified copy of land register and cadastral map;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 53 subparagraph 1 of the 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 (the punishment of imprisonment and a fine shall be concurrently imposed);

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) and (2)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to preserve the beautiful environment of Jeju Special Self-Governing Province for the sentencing of the order of provisional payment, and thus, requires strict punishment for the act of converting illegal mountainous districts to the next hand, and according to the fact that the area of the illegal mountainous district of this case is not smaller than 1,310 square meters, and that the defendant has not yet restored to the original state, a sentence equivalent thereto should be imposed on the defendant.

However, the sentence of imprisonment shall be suspended in consideration of the fact that the defendant has no criminal history of the same kind of crime, and the economic benefits the defendant acquired from the crime of this case seems not to be much significant.

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