산지관리법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
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 mountainous district types, areas, etc. prescribed by Presidential Decree.
1. The Defendant committed the part B of Zone B, from around 2017 to 2018, set up an access road with the use of 3,445 square meters among the forest land B in Namwon-si, without obtaining permission from the competent authority, by means of flatization work, etc., and without obtaining permission from the competent authority, changed the form and quality of the mountainous district without obtaining permission from the competent authority.
2. Around February 2020, the Defendant committed the crimes in Zone B, which set up an agricultural product storage machine by using digging-out season without obtaining permission from the competent authority, on the 1,476 square meters of forest land B in Nam-si, Namwon-si, the Defendant changed the form and quality of the mountainous district without obtaining permission from the competent authority.
Summary of Evidence
1. Defendant's legal statement;
1. The application of the actual condition survey report, the location map of the attached illegal mountainous district damaged area, the photograph of the illegal damaged area, the aerial photography of the illegal damaged area, the aerial photography by year, the satellite photograph by year, the land utilization plan,
1. Relevant Articles 53 and 14 (1) (main sentence) of the former part of Article 53 of the Mountainous Districts Management Act and the selection of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)
1. The scope of punishment by law: One month to five years;
2. Determination of sentence: The act of converting a mountainous district of one year under a suspended sentence of imprisonment with labor for six months or one year without permission is likely to cause social loss by damaging a forest that is a serious cause and requires considerable time and expenses for restoration to the original state. Therefore, it is necessary to prevent such act through appropriate punishment. The amount of the mountainous district damaged by the defendant remains 4,921 square meters in total and the damaged mountainous district is not deemed completely restored.