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(영문) 창원지방법원 마산지원 2016.11.23 2016고단1026

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who has not reported temporary use of a mountainous district shall temporarily use a mountainous district for the purpose of creating access roads or installing facilities for temporary agriculture, forestry and fishery purposes, etc. without reporting to the competent authority;

Nevertheless, around June 2014, the Defendant temporarily used mountainous districts, such as installing access roads and containers using equipment, such as excavation equipment, in the forest land B, the Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, without reporting to the competent authority.

2. No person who diverts a mountainous district without permission shall divert a mountainous district, such as changing the form or quality of the mountainous district, without permission from the competent administrative agency;

Nevertheless, around March 17, 2016, the Defendant diverted a mountainous district to convert the mountainous district by clearing the mountainous district of 6,11 square meters by using equipment such as excavation equipment without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the location map, forest land register, current status of illegal exclusive mountainous district, and Acts and subordinate statutes on the scene of illegal diversion of mountainous districts;

1. Article 55 subparagraph 2 of the relevant Act and Article 15-2 (2) 1 of the Management of Mountainous Districts Act (the occupation of temporarily using a mountainous district already reported), subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act (the occupation of converting a mountainous district without permission) for facts constituting a crime, the selection of imprisonment,

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the mistake of a person is recognized and reflected, that there is