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(영문) 창원지방법원 통영지원 2014.09.03 2014고단294

산지관리법위반

Text

A defendant shall be punished by imprisonment for four 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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, size, etc. of mountainous districts specified by Presidential Decree for a specified purpose, and the same

The Defendant, who is engaged in the real estate development business, was engaged in the construction business on November 2012, and was engaged in construction business on land, other than Gyeongsung-gun, Chungcheongnam-gun, and 13, from August 2013 to August 2013, the Defendant was serving the same year.

9. A site was created using an excavated machine with a size of 1,788 square meters adjacent to the above lot number without permission to a patrolman, he/she was dedicated to mountainous districts without permission by piling up electric rocks and removing part of standing timber, and he/she was dedicated to mountainous districts with a size of 675 square meters among E and 607 square meters in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The application of Acts and subordinate statutes to approve and order restoration of illegally converted land, known creation of a building site without permission, and to the extent that the relevant Acts and subordinate statutes apply to the location map, unauthorized mountainous district map, old map, current status map, ground plan, average slope map, calculation method of damage, calculation record of standing timber, forest survey report, comprehensive certificate of real estate damage, registration record, full certificate of registered matters, forest land register, certified copy of land use plan, forest damage warning

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., confession, reflect, the fact that the defendant has completed restoration works on the forest land exclusively used without permission, and the circumstances of this case);