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(영문) 광주지방법원 순천지원 2013.12.05 2013고단1799

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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. for the extraction of earth or stone in mountainous districts, the use of which is specified by Presidential Decree, and a person who intends to collect earth or stone in mountainous districts, other than state forests, shall obtain permission to collect earth or stone from Mayors/Do Governors or

Nevertheless, from the beginning of December 201 to the end of December 2012, 201, the Defendant: (a) extracted trees of about 10 girs and 200 mar trees from 190 mar trees to use them for the cultivation of agricultural crops by organizing the said land into dry field without obtaining permission from the head of a Gun from the mountainous district of approximately 3,380 marbs of land in Yong-gun-gun, Chungcheongnam-gun, and the Defendant used them to use them as dry field; (b) extracted trees of about 10 mars and 200 mar trees from 190 cubic meters to mar-gun; and (c) collected mar soil and rocks from 19

As a result, the Defendant diverted mountainous districts and collected earth and rocks without obtaining permission from the head of Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, subparagraph 3 of Article 53, and Article 25 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for each crime;

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 on the suspension of execution (Consideration to the fact that there is no other criminal record, other than the past record of a fine for a period of eight years, and that there is a violation