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(영문) 청주지방법원 제천지원 2015.09.03 2015고단307

산지관리법위반등

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

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of the mountainous district after setting the purpose thereof. However, on March 3, 2010, the Defendant converted the forest land of 1,399 square meters among Dacheon-si, into a space necessary to create a vegetable tree by using a vegetable

2. A person who violates the Creation and Management of Forest Resources Act intends to cut standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, but the Defendant cut the number of tree trees on or around March 3, 2010, located within 8,172 square meters of the forest land in Dacheon-si, Incheon, without such permission.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation by telephone;

1. Investigation report (Attachment of land use plan);

1. Survey floor plan of the current status;

1. Application of the Acts and subordinate statutes governing each photographic site, aerial photography (2010), aerial photography (2012), and illegally cut-off area;

1. Article 53 Subparag. 1 and the former part of Article 14(1) of the former Management of Mountainous Districts Act (amended by Act No. 1031, May 31, 2010); Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014); and Article 74(1)3 and Article 36(1) of the former Management of Mountainous Districts Act (amended by Act No. 12415, Mar. 11, 2014)

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

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

1. The fact that the defendant's act of converting a considerable area into a mountainous district without obtaining permission for conversion of a mountainous district for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly unfavorable to the defendant, and the defendant confessions the crime of this case and reflects it, and there is no previous conviction within the last ten years.