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(영문) 대구지방법원 2013.11.21 2012고단5749

산지관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to change any matter permitted to collect earth or stone in mountainous districts in a forest other than a state forest shall obtain permission for the change of collection of earth or stone from the Mayor/Do Governor.

Nevertheless, the Defendant collected soil and stones equivalent to approximately KRW 15,780 square meters from April 2009 to May 11, 2012, from around 201, from around 2009 to around 21,763 square meters of forest land owned by the Defendant in Yongcheon-si, and from KRW 7,239 square meters of forest land owned by the Defendant in Yongcheon-si, and from KRW 103,140 square meters of forest land owned by the Defendant in Eul, H, and I, to collect stones as a pole, and thereby damaging mountainous districts equivalent to approximately KRW 15,780 square meters of forest land into human resources.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of J, G, K, and L;

1. A survey map, aerial photography, certificate of land use plan, and certified copy of the register indicating the actual situation survey report, private forest gathering permission, forest register, area damaged by a suspect;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of current survey results map and soil volume calculation report), investigation reports (report on results of analysis conducted by an airline for each year), investigation reports (verification of damaged areas and temporary investigation of crimes), investigation reports (Comparison of survey results with current survey results of damaged areas in 207 and current survey results);

1. Article 54 of the Management of Mountainous Districts Act and Articles 54 (4) and 25 (1) of the same Act concerning facts constituting a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has the record of being sentenced to three times a fine due to a violation of the Management of Mountainous Districts Act, and the fact that the mountainous district damaged in 2007 is additionally damaged by the area of the mountainous district up to 15,780 square meters in addition, even after completion of restoration in 2009, and the amount of earth and sand taken out due to the damage to the mountainous district is 500 square meters (or 64,460 cubic meters), the amount of soil and sand taken out is 15 tons of dump truck (or 64,460 cubic meters), and 80 dump truck (or 8,467 cubic meters), which is all 15 tons of dump truck with the farmland of