(영문) 대구지방법원 영덕지원 2015.06.10 2015고단66

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2015.06.10 2015고단66

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

Where the form or quality of a mountainous district is modified to use it as a forest road or work, etc., a person shall report on temporary use of such mountainous district.

Nevertheless, from September 2013 to November 2014, the Defendant did not report temporary use of a mountainous district more than three times in total, and installed a total length of 2,60 meters and a total area of 7,250 square meters by using a clicker in Gyeonggi-gun, the forest owned by the Defendant, and caused forest damage of KRW 86,567,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made with respect to D, E, and F prepared by a special judicial police officer;

1. The actual survey report, - the location map of damaged land, - the current status of unlawfully converted land; - the satellite photograph of the mountainous district - the owner of the unlawfully converted land and the damaged area report of the mountainous district - the calculation details of the damaged amount of the unlawfully converted land - the application of the law of photographs

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act concerning facts constituting an offense;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the area of the forest damaged by the defendant for the reason of sentencing is wide, the amount of damage is large, but the defendant has made every effort to recover damage, such as restoration work, etc., the mountainous district damaged by the defendant is the land owned by the defendant and has some aspects of taking into account the motive of the crime; there is no criminal record for the defendant, and there is no other type of crime except for the criminal record of the crime related to traffic such as drinking driving, etc.; and the execution of the punishment is suspended considering the following:

참조조문

-산지관리법 제15조의2 제2항 제7호

-산지관리법 제55조 제2호

-형법 제62조 제1항

유사 판례

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