산지관리법위반
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
However, the two years each from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A person who intends to divert a mountainous district under defendant A shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;
Nevertheless, on April 2014, the Defendant converted the use of approximately 6,306 square meters ( approximately 2,8550,000 won of expenses for recovery from damage) to use D as a arable land without permission from the competent authority.
2. A person who intends to divert a mountainous district under defendant B shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.
Nevertheless, on April 2015, the Defendant purchased the above mountainous district from the above A and converted the mountainous district into the mountainous district in a manner that cut and filled up approximately KRW 3,169 square meters ( approximately KRW 1,4350,000) in order to use it as a arable land without permission from the competent authorities.
Summary of Evidence
1. Defendants’ respective legal statements
1. Photographs, aerial photographys, business trip reports, descriptions in the land use plan, and application of video-related Acts and subordinate statutes exclusively for illegal mountainous districts;
1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;
1. As the Defendants’ reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing), the area of the mountainous district damaged by the Defendants was wide and no restoration was to be made, the Defendants choose to be sentenced to imprisonment with labor to be sentenced.
However, the execution of punishment shall be suspended in consideration of the fact that the defendants led to the crime, and there is no criminal record of the same kind and there is no record of criminal punishment for the last ten years or more.