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(영문) 수원지방법원 2013.05.15 2013고단70

산지관리법위반등

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for violating the Farmland Act at the Suwon District Court on February 14, 2013, and the said judgment became final and conclusive on February 14, 2013.

1. On July 2012, the Defendant violated the Management of Mountainous Districts Act: (a) obtained permission from the representative G of F species, the owner of the said forest, in order to transfer the graveyard D of the Defendant in Yangyang-gun C to Yangyang-gun E forest; and (b) started the funeral work.

In order to divert mountainous districts, permission from the competent authorities shall be obtained.

Nevertheless, on July 8, 2012 and on September 9, 2012, the Defendant cut the equivalent of 666 square meters of the above forest by using heavy equipment, such as scrails, and changed the form and quality of the mountainous district by creating a path to go into a cemetery, without obtaining permission from the competent authorities.

Accordingly, the defendant converted mountainous districts to mountainous districts without permission.

2. No person who violates the Rearrangement of Agricultural and Fishing Villages Act shall perform any act impeding the original purpose or use of agricultural infrastructure by destroying major structural parts thereof;

Nevertheless, around July 2012, the Defendant, while carrying out the aforementioned construction work, opened a non- packing road in a size equivalent to H and I ditch 120 square meters adjacent to the said forest.

As a result, the defendant damaged ditches, which are agricultural production equipment launch facilities, thereby hindering its original purpose or use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Written statements prepared by K and surveying the current status of illegal land;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (report on results of the sentence of a separate criminal case), and application of Acts and subordinate statutes of one written judgment;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 53 and Article 14 (1) of the Management of Mountainous Districts Act, Article 130 (1) and 1 of the Rearrangement of Agricultural and Fishing Villages Act, and Article 18 (3) 1 of the Rearrangement of Agricultural and Fishing Villages Act, the selection of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;