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(영문) 전주지방법원 2013.04.18 2013고단1014

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six 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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service for a specified purpose, and any person who intends to change the form and quality of land shall obtain permission from the competent authorities.

The Defendant, without obtaining permission from the Minister of the Korea Forest Service and the competent administrative agency, installed two plastic houses, one single-story building, and installed one floor to use them as access roads, etc. on the forest land located in Kim Jong-si, Kim Jong-si, from June 2012 to October 2012.

As a result, the defendant diverted a mountainous district without obtaining permission from the Administrator of the Korea Forest Service and constructed a building without obtaining permission from the competent administrative agency and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a written accusation and field photograph;

1. Subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act for facts constituting a crime, and subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act (unauthorized changes in the form and quality of a mountainous district);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. According to Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”), under the circumstances unfavorable to the fact that the reason for sentencing has not yet been restored to the original state, the Defendant has led to the commission of a crime to use as a residence in an economically difficult situation, and the previous offense has been committed several times, taking into account the favorable circumstances, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of a crime, and the circumstances after a crime, etc., the sentence identical to the order shall be determined by taking into account the following circumstances:

It is so decided as per Disposition for the above reasons.