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(영문) 대전지방법원 홍성지원 2017.04.25 2016고단932
산지관리법위반
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district shall report to the head of a forest for a mountainous district in a national forest, and to the head of a Si/Gun/Gu for a mountainous district in a forest which is not a national forest.

Nevertheless, without filing a report on temporary use of a mountainous district, the Defendant temporarily used a mountainous district by putting aggregate up the aggregate in the area of 1 November 201, 2013 to September 28, 2016, when operating the 12,004 square meters of aggregate c, D, and Bosa-si E 12,00 square meters from Bosa-si, Bosa-si.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A survey report on actual condition (a location map, etc., aerial photography, the results map of the GPS survey, a report on calculating the amount of damage, and a photographer of the actual condition);

1. Application of statutes on business registration certificates;

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 and 15-2 (2) 12 of the Management of the Mountainous Districts of which punishment is selected, the selection of imprisonment for a crime;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances of the instant crime.

D. Unfavorable circumstances: The area of the temporarily used mountainous district by the defendant without reporting is very wide and reasonable for that period; circumstances that are favorable to the defendant; the defendant confessions and reflects the crime; the completion of restoration to the original state; and there is no record of punishment exceeding the fine.

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