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(영문) 광주지방법원 순천지원 2013.08.09 2013고단615

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

However, 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

(State)The defendant is a director of the E-company taking charge of research and design services of “D development projects” from C.

A person who intends to temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest paths, or other similar mountain paths shall report the mountainous district of state forests to the Minister of the Korea Forest Service, and to the net thousand City Mayor for mountainous district of a forest which is not a state forest.

Nevertheless, during the period from October 4, 2012 to October 15, 2012, the Defendant used the access road of 3 meters in length, 2,289m in length to install an access road of 6,79m2,00m in total to conduct ground surveys necessary for providing services without reporting it to the net-scale Mayor while performing the work of the execution of D development projects in mountainous districts outside the F-si and eight lots of land.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, and J;

1. On-site photographs and photographs register;

1. A technical service contract;

1. Protocols of D forest damaged land;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act (Selection of Imprisonment) concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act (i.e., a first offender and a person who has stated that the suspension of execution is against the wrongness, and deposits illegal expenses for restoration of a mountainous district and carries out restoration works upon obtaining approval for a recovery plan from a net viewing);

1. Probation and community service order under Article 62-2 of the Criminal Act;