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(영문) 의정부지방법원 2017.09.27 2017고단2550
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authorities from April 15, 2017 to February 2, 201 of the same month, cut off and filled up surrounding forests and fields in order to install containers in Macheon-si B, and converted a total of 5,596 square meters of forests and fields by installing access roads with a width of 6 meters to C, D, and E using a digging machine to the said containers.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Application of Acts and subordinate statutes to certificates of land use and land use planning to ASEAN (GIS), airline S (GIS), field photographs exclusively for illegal mountainous districts, forest information by parcel, and land use planning;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of Mountainous Districts selected to commit a crime (or selection of imprisonment with labor);

1. In light of the fact that the reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act is considerably wide in the area of the mountainous district damaged by the defendant without the permission of the competent authorities, and damages by using the excavating machine, the criminal liability is not easy.

However, the defendant recognized his mistake and reflected his mistake.

At present, it seems that the restoration of the original state has been performed by planting bank trees, shot trees, etc. in the damaged mountainous district.

Until now, only one fine has been imposed on the violation of road traffic law.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, motive, means and consequence of the crime, and circumstances after the crime.

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