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(영문) 대구지방법원 2016.11.18 2016고단3921

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall designate its use and obtain permission from the Administrator of the Forestry Administration as prescribed by Presidential Decree.

Nevertheless, from April 22, 2016 to December 23, 2016, the Defendant converted the use of the c, D, E, F, and G forest to mountainous districts by c, 1,718 square meters in total using the c, D, E, F, and G forest without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. The actual condition survey report, location map, area map of a forest damaged area, photograph of present condition, forest damaged area by parcel of a forest damaged area, a certified copy of a forestry map, a forestry cadastral map, a forestry cadastral book, each aerial airline's entries

1. Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the sentencing conditions favorable to the reasons for sentencing) of the suspended sentence is that the Defendant engaged in development activities without obtaining any permission from the State or any other person’s land. However, it appears that the Defendant appears that the area of the land where the Defendant engaged in development activities is very large, Defendant’s efforts are made to recover, and Defendant is not subject to criminal punishment for the last ten years, taking into account the conditions favorable to the Defendant, such as the Defendant’s age, character and conduct, and circumstances after the crime, etc.