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(영문) 제주지방법원 2014.09.26 2014고단1121
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, from June 10, 2014 to December 12 of the same month, the Defendant converted the use of mountainous districts by removing 30 dives trees, which were born without obtaining permission from the competent authority, from the Seopopo City in Seopo City, in a manner of cutting or banking the mountainous districts by using equipment such as pora, etc., from the forest located in Seopo City, Seopo City.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report and on-site inspection photographs;

1. Application of statutes for land cadastre and cadastral map copy;

1. Article 53 Subparag. 1 of the Act on Criminal Facts and Articles 14(1) of the Management of Mountainous Districts Act (Selection of Imprisonment and/or Imprisonment), which have no awareness of illegality, are alleged. However, it is difficult to deem that the grounds alleged by the defendant alone do not constitute a justifiable ground for the defendant’s erroneous perception beyond the mere legal site.)

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: A sentence the same as the disposition shall be imposed in consideration of the above circumstances, such as the fact that there is no previous criminal record in light of the fact that the area of the mountainous district to be converted is relatively broad, and the circumstances leading to the crime, the age, career, and health conditions of the defendant

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