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(영문) 대전지방법원 2019.06.12 2018고단4421

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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2018, converted the use of mountainous districts other than preserved mountainous districts and preserved mountainous districts without permission by changing the form and quality of the said mountainous district by making use of a cutter for the purpose of creating a site for detached houses with respect to the area of 7,800 square meters of forest land B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (examination of classification of mountainous districts), and a report on investigation;

1. Standards for calculation of recovery expenses in 2018;

1. Application of an illegal location map, illegal exclusive map, and on-site photograph Act and subordinate statutes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant does not have the same criminal records and is against the law, and is continuing to endeavor to restore to the original state, and other circumstances specified in the arguments of this case, including the defendant's age, character, conduct, family relationship, environment, circumstances and result of the crime, etc., shall be determined as ordered by a comprehensive consideration.