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(영문) 창원지방법원 거창지원 2015.02.11 2014고단402

산지관리법위반

Text

A defendant shall be punished by imprisonment for six 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

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, on August 20, 2014, the Defendant converted the use of mountainous districts to cut or embling the ground by using equipment, such as scrails, etc., without obtaining permission from the head of the Si/Gun, on a total of 8,746 square meters of land, including 8,723 square meters of land and 23 square meters of C forest, in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Selection of imprisonment ( Taking into account the wide area, etc. of the exclusively-owned mountainous district);

1. Article 62 (1) of the Criminal Act (i.e., taking into consideration the favorable circumstances, such as the fact that the mountainous district is white, the fact that considerable portion of the converted mountainous district has been restored, the same kind of mountainous district and the fact