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(영문) 춘천지방법원 2014.11.27 2014고단1086

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

A is the husband of D who is the owner of Gangwon-gun C 37,183 square meters, and the person who operates E.

From September 2013 to October 2013 of the same year, the Defendant used scrailss, etc. to cut and embezzle in order to expand access roads for entry into the farming union in the Yacheon-gun C.

However, while performing the above work, the Defendant did not obtain permission from the Ycheon-gun Office, the competent authority, after setting the purpose of use as prescribed by the Presidential Decree.

As a result, the Defendant diverted the land of approximately KRW 31,351,300 to cover recovery expenses for 2,738 square meters among the above land.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to request the examination of damage to forests and the collection of aggregate from rivers, photographs, actual survey reports, maps of unlawfully converted mountainous districts, maps of illegally converted mountainous districts, records of calculating damaged amount of damage on unlawfully converted mountainous districts, photographs related to unlawfully converted mountainous districts, investigation reports (report on damaged area and property assessment of damaged amount);

1. Article 53 of the Management of Mountainous Districts Act and subparagraph 1 of Article 14 of the same Act concerning criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is that a defendant reflects his/her mistake, is proceeding to restore a mountainous district which has been unlawfully converted, and that there is no other criminal record or criminal record in addition to the punishment of a fine for gambling over two times in 2013. It is so decided as per Disposition on the grounds that there is no other criminal record or criminal record of the same kind.