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(영문) 창원지방법원 거창지원 2014.01.22 2013고단158

산지관리법위반

Text

A defendant shall be punished by imprisonment for one year.

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

No one shall convert a mountainous district without obtaining permission from the Minister of the Korea Forest Service without obtaining permission therefor, but the defendant shall do so without obtaining permission therefor.

1. Re-use of a mountainous district by changing the form and quality of the mountainous district, such as removing standing timber of 6,200 square meters among the above forest land with a f,200 square meters in a chiller, Gyeongnam-gun, Gyeongnam-gun, for the purpose of developing an orchard in the grassland in the early July 2010, and flating work;

2. From March 25, 2013 to December 29 of the same month, from around the same month, a mountainous district was converted by changing the form and quality of the mountainous district by removing standing timber from the sum of 7,560 square meters in the above forest with a view to developing an orchard in the Gyeong-gun, Changnam-gun, D, and E, using a cutter, shotdozers, etc., and by converting the form and quality of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The area of each actual survey report and each forest damaged area by region;

1. Application of field photographs and aerial photography statutes;

1. Subparagraph 1 of Article 53 of the former Management of Mountainous Districts Act (amended by Act No. 1031, May 31, 2010); Article 53 subparagraph 1 of Article 53; the former part of Article 14(1) (amended by Act No. 1031, May 31, 2010); Article 53 subparagraph 1 of Article 53; Article 53 subparagraph 1 of the Management of Mountainous Districts Act; the main sentence of Article 14(1) of the Management of Mountainous Districts Act (illegal

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant reflects on his/her own crime, and that the mountainous district unlawfully used has been restored to its original state);

1. Social service order under Article 62-2 of the Criminal Act;