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(영문) 대구지방법원 경주지원 2016.03.31 2015고단974
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From October 11, 2015 to November 11, 2015, the Defendant dedicated to mountainous districts by digging out trees using digging machines for the purpose of creating seed grounds without obtaining permission for mountainous district conversion, in a mountainous district where approximately 2,155 square meters of land outside B, and three lots of land are located outside B, and for the purpose of creating seed grounds without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of the actual survey drawings, field photographs, land registers, and certified copies of registers for the exclusive use of illegal mountainous districts;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 62(1) of the suspended sentence of the Criminal Act provides that the sentence of imprisonment shall be imposed in consideration of the fact that the area of the mountainous district exclusively used by the accused without permission is very large to 2,155 square meters, and that the restoration to the original state has not been carried out until now. However, the sentence shall be imposed in consideration of the following: (a) the Defendant’s mistake is divided in depth; (b) the Defendant has no record of punishment for the Defendant; (c) the Defendant has no economic difficulty; and (d) the Defendant’s health status is not good; and (d) the Defendant’s favorable circumstances are considered as well as the execution of the above imprisonment, and

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