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(영문) 수원지방법원 여주지원 2017.01.25 2016고단1082

산지관리법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district by determining the purpose thereof.

Nevertheless, in order to create a site for a housing complex for electric source, on May 2010, the Defendant cut the forest and diverted to convert the forest into a mountainous district without obtaining permission from the competent administrative agency, with regard to the forest equivalent to 505 square meters in B forest land, 272 square meters in C forest land, 1,008 square meters in D forest land, 477 square meters in E forest land, and 2,262 square meters in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Relevant cadastral records;

1. An illegal land survey map;

1. Application of statutes on site photographs prior to illegal mountainous districts;

1. Article 53 Subparag. 1 of the relevant Act and the former part of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 1031, May 31, 2010) on criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (with no record of punishment for the crime of the same kind, and considering circumstances, etc. in which damaged mountain land was restored);