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(영문) 창원지방법원 통영지원 2017.03.30 2017고단38
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. A person who intends to fell trees in a park area in violation of the Natural Park Act shall obtain permission from the park management office, as prescribed by Presidential Decree;

Nevertheless, on October 6, 2016, on the ground that rare plants were planted from around the 11th of the same month to around the 11st of the same month, the Defendant laid down a total of 60gs, 70gs, 10gs, and 210gs, including 80gs, from a natural park, on the ground of planting rare plants.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of a forest office, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by the Ordinance of Tong and Tong;

Nevertheless, from October 6, 2016 to around the 11st day of the same month, the Defendant converted the use of mountainous districts by changing the form and quality of forest land equivalent to 2,535 square meters by using equipment such as pokes, etc. to cut the forest in the above B, cut the ground in which it was cut, cut the ground in which it was cut, cut the ground in a usual manner, piling up the ground in the chill, piling up the ground in the chill, and installing a road (road equivalent to 217 meters in length, 4.6 meters in width, 35.8 meters in width, and 4.6 meters in width).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Accusation against a violator of the Natural Park Act (including a written accusation, a C’s statement, and a written accusation against the defendant);

1. Application of Acts and subordinate statutes of an investigation report (Attachment of satellite photographs submitted by an accuser - including satellite photographs attached thereto);

1. Relevant legal provisions and Articles 82 subparag. 2, 23(1)7 (a) of the Park Act (a point of an unauthorized penalty within a park area) regarding criminal facts, the subparagraphs 1, and 14(1) of the Mountainous Districts Management Act (a point of exclusive use of an unauthorized mountainous district), and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are the trees in the natural park on September 9, 2015.

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