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(영문) 광주지방법원 2017.11.03 2017고단4144
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

A person who intends to divert a mountainous district shall obtain permission from the head of a forest agency, etc. for the use thereof, and a person who intends to cut standing timber in a forest shall obtain permission from the head of the competent Gun

On March 20, 2017, the Defendant cut standing timber, such as 323 square meters of 2,455 square meters from the area of 2,455 square meters, without obtaining permission from the head of the forest office, on the number of copied-gun B, Namyang-gun, which was delegated by the head of the forest office.

Accordingly, the Defendant, without permission, cut standing timber by diverting mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Entry into the actual survey report, location map, actual survey map, registered account statement, and land register, respectively;

1. Application of film Acts and subordinate statutes to aerial photographys;

1. Article 53 subparag. 1 and subparag. 14(1) of the Act on the Establishment and Management of Forest Resources and Article 74(1)3 of the Creation and Management of Forest Resources Act applicable to criminal facts and the selective mountainous district of punishment are deemed to be correct ex officio as the “No. 1” is a clerical error.

Article 36(1) and each choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the size of a forest destroyed by the instant crime is large, and that once a forest is damaged, its restoration is impossible or its long time is required to restore it to its original state, the liability for the crime is not somewhat weak.

The motive and background of crimes are also poor.

There are eight criminal records for the defendant, but there are no criminal records for the same kind of crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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