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(영문) 대전지방법원 서산지원 2017.03.02 2016고단769
국토의계획및이용에관한법률위반등
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Since about 20 years ago, the defendant is a person who has leased and cultivated D forest land in Jin-si, the victim C, which is the victim C.

1. From January 11, 2016 to January 22, 2016, the Defendant, while working to combine a boundary embankment in the above forest as one of the farmland, embezzled, and embezzled 15 tons of earth and sand generated for the victim, by arbitrarily removing about 3,256 cubic works worth KRW 18,315,00 of the market price owned by the victim, by letting Saturdays E take out and sell the 324 quantity of earth and sand.

2. A person who intends to collect earth or stone in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from the competent authority;

Nevertheless, the Defendant collected approximately KRW 3,256 cubic meters of earth and sand using a cutter and 15 tons of dump truck without obtaining permission for development activities from the Jin-si market, at the date and place specified in paragraph (1), and at a place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. The protocol of interrogation of each police officer in relation to G and E;

1. Statement made by the police against C;

1. Each record, and a certified copy of the register;

1. Application of Acts and subordinate statutes to the specifications of lease of dump trucks;

1. Relevant legal provisions and the embezzlement of the option of punishment for the crime: Article 355(1) of the Criminal Act; Article 140 Subparag. 1 and Article 56(1) of the National Land Planning and Utilization Act; Articles 140 Subparag. 1 and 56(1) of the National Land Planning and Utilization Act; the option of imprisonment;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Article 62(1) of the basic area (from April to April), [the person who is subject to special sentencing] [the sentence] case is not easy, but the execution of the sentence is suspended considering the fact that the defendant was the first offender and was somewhat endeavored for restoration from the original state.

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