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(영문) 전주지방법원 정읍지원 2016.11.29 2016고단337

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years 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 Administrator of the Korea Forest Service, etc. according to classification of mountainous district types, size, etc. for a specified purpose.

Nevertheless, the Defendant, without obtaining permission from the competent authority on February 20, 2016, converted a mountainous district of approximately 3,490 square meters out of the above forest into a building site, etc. by cutting out a large number of standing timber, cutting out a roots, cutting out a forest and laying down a prefabricated building in order to ensure the living of electric power and installing a prefabricated building by planting a large number of standing timber in the above forest, even though the Defendant formed a natural forest by growing a large number of standing timber in the above forest, and cutting and cutting down the forest, etc., and installing a prefabricated building in a prefabricated-type manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (such as the first offender, the violation of the error by substitution, and the efforts to restore to the original state, taking into consideration favorable circumstances);