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(영문) 대구지방법원 상주지원 2013.05.21 2012고단502

산지관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the competent authorities to set its use and obtain permission, but on July 2012, the Defendant installed two containers in the Defendant’s wife C-owned forest located in B, and converted the total amount of KRW 19,978 square meters into the mountainous district by cutting, raising, and flating the ground by using a digging pool to convert the mountainous district into a total of KRW 28,128,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on site photographs of damaged land;

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

1. Selection of punishment and fine of five million won;

1. The conversion into 50,000 won per day under Articles 70, 69 (2) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Supreme Court Decision 201Do1148, Apr. 30, 2013; Supreme Court Decision 201Do1148, Apr. 1, 2011; Supreme Court Decision 201Da11148, Apr. 1, 201)