산지관리법위반
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Punishment of the crime
1. A person who intends to collect earth or stone in mountainous districts within a forest, other than an unauthorized state forest, shall obtain permission from the competent administrative agency for collecting earth or stone, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without obtaining permission from the competent authorities from August 2016 to June 2017, collected 50 tons of truck 50 tons of truck 24 tons from steel sources B, C, D, E, F, G, H, I, J,K, L, M, N, andO.
2. A person who intends to divert a mountainous district converted to an unauthorized mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, specifying its use;
Nevertheless, the Defendant, without obtaining permission from the competent authorities, removed miscellaneous trees using the digging machines at the time and place specified in paragraph (1), removed earth and rocks from the outside as stated in paragraph (1), carried them out to the outside, and converted the use of mountainous districts of approximately 13,141 square meters in total in size, such as cutting off earth and rocks, and melting off soil for guest soil.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Calculation of the damaged area and assessment of the damaged area for each forest;
1. Investigative reports, investigative reports (verification of the place of removal from the office cancer), investigation reports (Attachment to the documents confirming the land utilization plan);
1. The basis for the unit price of the suspend cancer;
1. Notification of data on access records inside a private ship;
1. Degree of forest damage status;
1. Application of Acts and subordinate statutes to photographs of areas damaged by forests and field photographs;
1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (unauthorized mountainous districts) of the same Act, subparagraph 3 of Article 53 and Article 25 (1) of the Mountainous Districts Management Act, and the selection of imprisonment with labor for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is 60% of the national land. Thus, the public interest of the comprehensive and systematic development of mountainous districts is based on the national land utilization plan.