beta
(영문) 대전지방법원 홍성지원 2013.07.03 2013고단84

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who rents the forest land of 37,418 square meters out of three parcels, other than the land B, which was owned by the Defendant with permission to collect earth and rocks, together with D, and sells earth and rocks in the name of “E” at the same time.

A person who intends to install an auxiliary facility to collect earth or stone shall file a report on the temporary use of the relevant mountainous district with the head of a Si/Gun/Gu.

Nevertheless, the Defendant did not file the foregoing report, and did not temporarily use a mountainous district by piling up approximately 70,700 square meters of soil and stone products on the ground that he/she disposed of stone collection products collected from E from the above forest from January 2008 to January 18, 2013, on the ground that he/she disposed of stone collection products collected from E from the above forest.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Each police statement made to D or F;

1. Local photographs;

1. An explanatory note;

1. Guide map;

1. Current ground plan;

1. Paper map;

1. Degree of crossing;

1. Starting meters for gathering earth and sand;

1. Each land register;

1. On-site photographs;

1. Statement of calculation of expenses for restoring a mountainous district;

1. A report on current status survey;

1. Application of Acts and subordinate statutes to final investigation reports;

1. Article 55 subparagraph 2 of the Mountainous Districts Management Act and the former part of Article 15-2 (2) and the former part of Article 15-2 (2) 12 of the Mountainous Districts Management Act concerning criminal facts;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances indicated in the reasons for sentencing) of the suspended sentence, considering the size of the mountainous district illegally used without reporting, the period of temporary use of the mountainous district, etc., the nature of the crime is not good, but appears to have been restored to the mountainous district illegally used. The defendant has no same criminal records, and the defendant appears to be against the defendant while leading to the confession of the crime of this case, and the defendant appears to be against the defendant, the defendant shall be considered as the factors for sentencing favorable to the defendant. In addition, the defendant shall be determined as the sentence of the defendant as ordered, by comprehensively taking into account