beta
(영문) 청주지방법원 제천지원 2015.12.17 2015고단593

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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

1. From August 18, 2015 to around 10 days, without obtaining permission from the competent authority, the Defendant converted mountainous districts into mountainous districts by using c 255 square meters, D 230 square meters, E 1,204 square meters, for the purpose of arranging land for new construction of housing, etc., using sckes for the purpose of converting mountainous districts into mountainous districts.

2. From October 18, 2015, the Defendant, without obtaining permission from the competent authority, diverted mountainous districts to convert mountainous districts for the purpose of organizing land for new construction in the area of C 1,198 square meters, F45 square meters, D2,601 square meters, and G793 square meters, for seven days from around October 18, 2015.

As a result, the Defendant, without obtaining permission from the competent authorities, diverted the total amount of KRW 27,420,000 to KRW 6,326 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on-site investigation and calculation of amount of damage);

1. An investigation report (an investigation on additional damage);

1. A criminal investigation report (report on forest damage circumstances);

1. An official document related to the new construction of a detached house, a drawing of each damaged area, a protocol of calculating respective damaged amount, a protocol of calculating restoration expenses and an official document of order of construction suspension;

1. The actual condition survey report;

1. Forestry register and forestry map;

1. Application of each aerial photography, on-site photographs, and statutes governing field photographs;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, has diverted a considerable area of mountainous district without obtaining permission to convert a mountainous district. This act is an unfavorable circumstance to the defendant, and the defendant has led to the confession and reflect of the crime of this case.