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(영문) 의정부지방법원 고양지원 2016.11.10 2015고단1842

산지관리법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

A 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 districts specified by Presidential Decree, size, etc.

In collusion with E and F, from July 2013 to August 2013, 2013, the Defendant converted the use of mountainous districts by using heavy equipment, such as excavated season, etc., with the total area of 5,794 square meters of six lots, such as G, H, I, J, K, K, and L, in collusion with the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of M;

1. Each legal statement of F, N, orO;

1. Each police statement made to N orO;

1. Application of Acts and subordinate statutes to additional data submitted by the defendant (report on temporary use of a mountainous district, request for the acceptance of a report on temporary use of a disaster prevention, opinion on reasonable measures to ensure safety of a sloped area, suspension of construction works against illegal damage to a mountainous district, order for restoration to the original state of illegal earth or sand and notification

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

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act, arguing that the damage to the instant mountainous district was done by F from August 6, 2013 to October 10, the Defendant became aware of the fact that the damage to the mountainous district was done in entirety after the damage to the mountainous district was done, and that F only arbitrarily damaged the mountainous district and did not instruct it.

However, in light of the following circumstances admitted by the evidence of the judgment, it is determined that the instant telecom work was conducted in accordance with the Defendant’s plan and instruction, and the damage to the mountainous district was done during a series of processes in which she wishes to construct the telecom and to complete the construction of the modified contents, unlike the first permission, under the Defendant’s instruction or involvement in the process.

Therefore, the defendant and the defense counsel are not accepted.