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(영문) 수원지방법원 성남지원 2017.08.25 2017고단1541
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Gwangju City B, C, and D are mountainous districts for forestry use.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

1. The Defendant, without obtaining permission for a patrolman on early 2016, set up a container structure assembly-type housing and its surrounding tenniss on the site of approximately 149 square meters in the Gyeonggi-si, Gyeonggi-do, which is a mountainous district for forestry use, and installed access roads by packaging gravel and cement in the site of approximately 220 square meters, and cut approximately KRW 2.86 square meters in a total amount of 789 square meters in order to cultivate Dob on the site of approximately 420 square meters, and converted the use of mountainous districts equivalent to a total of approximately 789 square meters.

2. The Defendant, without obtaining a horse permission on around 2016, made access roads by packaging gravel and cement in the site of approximately 150 square meters in Gwangju-si, Gyeonggi-si, a forestry-related mountainous district, and made access roads by packaging it with gravel and cement in the site of approximately 267 square meters in Gwangju-si, a forestry-related mountainous district, and converted a mountainous district of approximately 417 square meters in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Confirmation letter of land use plan and table of illegally damaged area;

1. Application of Acts and subordinate statutes governing photographs dedicated to illegal mountainous districts;

1. Article 53 subparagraph 1 of the relevant 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, 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. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that the defendant has the same criminal records, and in the case of the diversion of illegal mountainous districts, it is not easy to restore the original state to the original state.

However, the defendant has no record of punishment exceeding the fine, confessions and reflects each of the crimes in this case, and expresses his intention of restitution, and other factors such as Article 51 of the Criminal Act shall be determined as the sentence.

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