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(영문) 청주지방법원 제천지원 2015.08.27 2015고단276
산지관리법위반
Text

A defendant shall be punished by imprisonment for four 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 divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on August 2014, 2014, converted the area of 1,148 square meters among the forest land B in Docheon-gu by means of cutting away trees planted in the above forest land using the digging season with a view to cultivating broculties, etc., and diverting them by using it.

Summary of Evidence

1. Defendant's legal statement;

1. C Fact-finding certificates;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to each location map and satellite photograph, survey result map, photograph tag, calculation protocol of damaged amount, gradient analysis, and whole certificate of registered matters;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant’s act of diverting the mountainous district of a considerable area for cultivation without obtaining permission for conversion of a mountainous district is an unfavorable condition to the Defendant. The Defendant confessions the instant crime and reflects it, and the Defendant has no particular criminal record other than once a fine, and there is no previous criminal record within the last ten years, which 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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