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(영문) 대전지방법원 천안지원 2016.11.25 2016고단1900

산지관리법위반

Text

The punishment of the accused shall be five months by imprisonment.

However, the above sentence shall be executed 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 around 2012 to July 21, 2014, converted the form and quality of a mountainous district by cultivating the forest as farmland or establishing an access road, without obtaining permission for conversion of a mountainous district with regard to B forest land of 2,198 square meters in Asia-si from around 2012 to around 2014, and converted the mountainous district by using the forest as farmland and access roads.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report and its current status, field photographs, and airline photography statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service Order Act on the grounds of sentencing, the form and degree of the crime of this case, the recognition and reflect of the defendant's crime, the restoration of illegal-use mountainous district to the original state, there is no record of criminal punishment, and other circumstances shown in the trial of this case, including the defendant's age, character and conduct, and environment, shall be determined as ordered by taking into account