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(영문) 인천지방법원 부천지원 2014.03.07 2013고단3553

산지관리법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, on August 2013, the Defendant maintained a road to use approximately KRW 1,243 square meters among the quasi-preserveded mountainous district B, C, D, E, F, and G forest as an access road to welfare facilities for the aged without obtaining permission from the Administrator of the Korea Forest Service, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the calculation basis for damage amount and recovery expenses, illegal mountainous district damage degree, aerial photography, actual sulfur survey report, a certified copy of each cadastral map, land cadastre, each land use plan, each land use plan, and applicable to field photographs statutes;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that the crime in this case is led to confession and reflect, and that it seems that the degree of illegal damage is not serious to the