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(영문) 청주지방법원 충주지원 2016.06.10 2015고단615
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she intends to modify permitted matters.

The Defendant, without obtaining permission from the competent authority from Sep. 2015 to Oct. 2, 2015, exceeded the permission area of 21,99m2 of forest land in the area of 4 lots outside C and in the area of 8,627m2 in the vicinity, and converted the use of mountainous districts to cut trees, cut trees, cut trees, cut trees, and shotate trees, etc. in the area of 8,627m2 adjacent thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Work hours;

1. Application of the Acts and subordinate statutes approving a factory start-up business plan, a survey report on actual conditions, a location map of illegal entire land, a cadastral map and old map, a cadastral map of illegal mountainous district, a ledger of photographs of illegal mountainous district, and

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;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant used a mountainous district of a considerable size without obtaining permission to divert the mountainous district, and the fact that such act is highly unfavorable to the defendant, that the defendant confessions the crime of this case and reflects it, that there is no criminal conviction due to the same crime and there is no criminal record of a stay of execution for the last ten years, and that the defendant has undergone a completion inspection from the competent authority after completing restoration work of a damaged mountainous district, is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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