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(영문) 창원지방법원 진주지원 2014.03.26 2013고단1320

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

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, the Defendant, from Sep. 2013 to Oct. 20 of the same year, laid down standing timber in forests and fields, cut down slopes and dump trucks in forests and fields, cut down slopes, cut down slopes, and cut down slopes in flat roads, and enhanced the ground of neighboring sites due to earth, sand, and rock collected from the above places, and converted the use of mountainous districts to create lots and dump the total area of approximately 7,381 square meters among the above forests and fields, without obtaining permission from the Administrator of the Korea Forest Service, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the practical survey report, a location map of forest damaged areas, and photograph-related Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the confession of and reflect against a crime by the defendant; and

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;