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(영문) 대전지방법원 서산지원 2018.05.17 2018고단64

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on May 2017, the Defendant, without obtaining permission of the Sil Jin market, cut standing timber and made a conversion of mountainous district into mountainous district in order to create a clan cemetery in a reasonable area of the 1,070 square meters of the Siljin-si, Jin-si, which is located around 1,070 square meters.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A location map of illegal mountainous district, survey map of the current status, and survey report of the volume of standing timber;

1. A land register, a certified copy of cadastral map, and a certificate of land use plan;

1. Flight navigators (shots around April, 2012, pictures around April, 2014, and pictures around April, 2016);

1. Application of Acts and subordinate statutes governing illegal mountainous district photographs;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the grounds for sentencing as follows) is that the defendant recognized the crime of this case and reflects the wrongness of the defendant, the restoration of the place of mountain damaged by the crime of this case, the defendant's age and primary offender committed the crime of this case in the status of clan representative, the elderly and primary offender, other records such as the defendant's occupation, sex, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the argument of this case shall be determined as the Disposition.