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(영문) 광주지방법원 순천지원 2018.05.24 2017고단2924

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of 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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on April 2017, the Defendant laid the fluor of fluoral trees, fluoral trees, etc. in a 650m2, which had been located there, in the area of Dasan-gun, Sejong-gun (650m2) and made the fluoral site of the mother.

As a result, the Defendant converted the use of mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey on actual conditions, a land use plan confirmation source, a location map of a forest damaged site, a photograph of the forest damaged site, and a certificate of all matters to be registered

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Although Article 62(1) of the Criminal Act provides that the size of the diversion of the mountainous district for the reason of sentencing and the extent of the damage thereof are not provided against the defendant, the defendant is against the defendant, there is no record of punishment for the same kind of crime, and other various sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as the order.